2021-10-12 City Council - Full PSPP Agenda-29881
o Agenda
Edmonds City Council
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COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS.
CALL TO ORDER
COMMITTEE BUSINESS
1. Authorization for City to sign a recording document removing an obsolete covenant from private
property at 236th and 84th Ave W. (5 min)
2. Authorization for the City to sign the updated Interlocal Cooperation Agreement related to the
Affordable Housing Alliance within Snohomish County. (5 min)
3. Position Change Request (5 min)
4. Update on Prosecuting Attorney RFP Process (5 min)
5. Edmonds Municipal Court Reorganization (15 min)
ADJOURN
Edmonds City Council Agenda
October 12, 2021
Page 1
2.1
City Council Agenda Item
Meeting Date: 10/12/2021
Authorization for City to sign a recording document removing an obsolete covenant from private
property at 236th and 84th Ave W.
Staff Lead: Rob Chave
Department: Planning Division
Preparer: Rob Chave
Background/History
N/A
Staff Recommendation
Recommend approval on the next available Council Consent agenda. Approval will authorize the City to
sign the document removing the covenant from the property (Exhibit 1).
Narrative
The owner of property at the SE corner of 236t" Street SW and 84t" Ave W has a restrictive covenant that
was recorded in 2002 (see Exhibit 2). The covenant was recorded to comply with the City's Building Code
in effect at the time (Exhibit 3); the 2002 covenant was recorded in anticipation of a project that was
planned to be built that included 52 dwelling units. The project was never built, and since then both the
code and zoning has changed, making the recorded covenant both obsolete and irrelevant.
The Building Code no longer requires a covenant restricting the number of dwelling units; this makes
sense, since a zoning change can completely change the number of units that can be achieved on a given
property. This is in fact what has happened on this property, since the Highway 99 Planned Action
changed the zoning from Multifamily to CG, potentially allowing more residential units to be built.
Since the original 2002 covenant named the City, the City must also sign the new recording that will
remove the covenant from the property. Given the facts and history presented here, this action is
completely appropriate and necessary to enable the property owner to move forward with a potential
sale of the property.
Attachments:
Exhibit 1: Termination of Restrictive Covenant DRAFT
Exhibit 2: R & P Restrictive Covenant 2002
Exhibit 3: Old Building Code reference
Packet Pg. 2
2.1.a
After Recording Return to:
R&P Investments, LLC
2101 4' Ave, Ste 310
Seattle, WA 98020
TERMINATION AND RELEASE OF RESTRICTIVE COVENANT
(MULTI -FAMILY RESIDENTIAL)
This TERMINATION AND RELEASE OF RESTRICTIVE COVENANT is made as of
the day of October, 2021, by R&P Investment Company, LLC, a Washington limited
liability company, having an address of 2101 4ch Ave, Ste 310, Seattle, Washington 98121 (the
"Owner") and the City of Edmonds, a political subdivision of Snohomish County in the State of
Washington (the "City"), having an address of 121 51h Ave N, Edmonds, Washington 98020, for
the express purpose of terminating and forever releasing and discharging the "Restrictive
Covenant" (as hereinafter defined).
RECITALS
WHEREAS, Owner holds title in fee simple in and to the real property legally described
on Exhibit 1, attached hereto and made a part hereof, also identified as Assessor's Tax Parcel Nos.
4519-001-009-0005 and 4519-001-012-0307 (the "Property"); and
WHEREAS, Owner submitted an application for a building permit to develop an apartment
building on the Property (the "Project"); and
WHEREAS, as a condition of approval of Owner's application, the City required Owner
to grant the City a Declaration of Restrictive Covenant (Multi -Family Residential) (the
"Restrictive Covenant"), which restricted the size of the building on the Property to no more than
52 units. The Restrictive Covenant was recorded with the Snohomish County Auditor's Office at
Recording No. 200208230980; and
WHEREAS, the City issued a building permit to Owner to develop a 52-unit apartment
building on the Property; and
WHEREAS, Owner elected not to proceed with the Project and received a partial
reimbursement of permit fees; and
R&P Investment Company, LLC/City of Edmonds
Termination and Release of Restrictive Covenant Page 1 of 5
Packet Pg. 3
2.1.a
WHEREAS, the Restrictive Covenant is no longer required pursuant to any regulatory
requirement of the City; and
WHEREAS, Owner now desires to terminate the Restrictive Covenant, which by its terms
cannot be extinguished or terminated without the written approval of the City; and
WHEREAS, the City has agreed to consent and allow the termination, release, and
discharge of the Restrictive Covenant.
AGREEMENT
NOW, THEREFORE, in exchange for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Owner and the City, intending to be legally bound,
do hereby agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by this
reference as if repeated at length.
2. Effective as of the date hereof, the Restrictive Covenant is hereby terminated,
released, and discharged in its entirety; shall be of no further force or effect; and shall no longer
be a burden or encumbrance on title to the Property. The parties hereby direct the Snohomish
County Auditor's Office to cancel same of record.
[Signatures and notary acknowledgements follow on the next pages.]
R&P Investment Company, LLC/City of Edmonds
Termination and Release of Restrictive Covenant Page 2 of 5
Packet Pg. 4
2.1.a
IN WITNESS WHEREOF, this Termination and Release of Restrictive Covenant has
been executed as of the day and year first written above.
OWNER:
By: R&P Investment Company, LLC
By:
Stanley V. Piha, Member
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
The foregoing instrument was acknowledged before me this day of October, 2021,
by Stanley Piha, as member of R&P Investment Company, LLC, a Washington limited liability
company, on behalf of the company. He is personally known to me.
Notary Public in and for the State of Washington
Residing at:
My commission expires:
R&P Investment Company, LLC/City of Edmonds
Termination and Release of Restrictive Covenant Page 3 of 5
Packet Pg. 5
2.1.a
CITY OF EDMONDS:
RM
STATE OF WASHINGTON
ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of October, 2021,
by ,
the City of Edmonds. He is personally known to me.
Approved as to form and
Legal sufficiency
1.2
City Attorney
of the City of Edmonds, on behalf of
Notary Public in and for the State of Washington
Residing at:
My commission expires:
R&P Investment Company, LLC/City of Edmonds
Termination and Release of Restrictive Covenant Page 4 of 5
Packet Pg. 6
2.1.a
EXHIBIT I
Legal Description
Parcel A
Lots 9, 10, and 11 in Block 1 of Fruitland Acres to Lake Ballinger, according to plat recorded in
Volume 10 of Plats at Page(s) 47, in Snohomish County, Washington;
Except the east 120.00 feet thereof.
Parcel B
The west 60.00 feet of the east 250 feet of Lot 12 in Block 1 of Fruitland Acres to Lake
Ballinger, according to plat recorded in Volume 10 of Plats at Page(s) 47, in Snohomish County,
Washington;
Except the west 8.47 feet of the north 30.00 feet thereof,
Also, the west 30 feet of the east 220.00 feet of Lot 13 and the west 35.00 feet of the east 225.00
feet of Lot 14 in said Block 1.
Tax ID No. 4519-001-009-
4519-001-012-
0005
0307
1
KA
R&P Investment Company, LLC/City of Edmonds
Termination and Release of Restrictive Covenant Page 5 of 5
Packet Pg. 7
O
00
M
RETURN ADDRESS:
O
City of Edmonds, City Clerk
1��I�I�INIIIII�I �I�II,�Ii111111�1�y,��l�ll
121 5th Avenue North
39°` 200208230980
C.�
Edmonds, WA 98020
08/23/2002 04:53 PM Snohomish
P.0003 RECORDED County
40
O
O
N
DECLARATION OF RESTRICTIVE COVENANT
MULTI -FAMILY RESIDENTIAL
Reference #: 4&9 -
L4— (, 46,7
Grantor(s): (1) _ (2)
Additional on pg.
Grantee(s): City of Edmonds
Legal Description (abbreviated): Sec
Twn r g--44_Qtr5_
OR Lot
Block Plat
Assessor's Tax ParcelID#(s): (1)' �I�-Ci���-4b�
-0w`3_ (2)'�C�►� -�1-D42-O'Sv�
_Assessor's Tax Parcel ID# not yet assigned
�(j�j'�'���1 /77 [t-n ti c...--,� rr'> cl.» 6a,—
♦�llr/1\�rJAS, — cil�' fn a/VI S17"1 P,
are the owners of the following described real es ate in the City of Edmonds, to wit:
-ru
Property Address: L� (�� A V L
W.
Legal Description: cam( E;
Assessor's Tax Parcel ID # (s): 415 l� -Zoo 1- 1�-(A 114 S 7 - eni --617- -030
AUTHORIZED FOR RECORDING
Cit of Edmond
By:,_Aww pate
Page of J
Packet Pg. 8
u' A
I C ID - = -
D S R_ F' -ON
PARCEL A
LOTS cl, 10, AND II IN BLOCK I OF FRUITLAND ACRES TO LAKE
BALLINGER, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS
AT PA&E(S) 47, IN SNOHOMISH COUNTY, WA5HIN6TON;
EXCEPT THE EAST 120.00 FEET THEREOF.
PARCEL B.
THE WE5T 60.00 FEET OF THE EAST 250 FEET OF LOT 12 IN BLOCK I OF
FRUITLAND ACRES TO LAKE BALLINGER, ACCORDING TO PLAT
RECORDED IN VOLUME 10 OF PLATS AT PAGE(S) 47, IN SNOHOMISH
COUNTY, WASHIN6TON,
EXCEPT THE VNE5T 8.47 FEET OF THE NORTH 30.00 FEET THEREOF,
ALSO, THE WEST 30 FEET OF THE EAST 220.00 FEET OF LOT 13 AND THE
WEST 55.00 FEET OF THE EAST 225.00 FEET OF LOT 14 IN SAID BLOCK
TAX I D # 451 q-001-00ci -0005
4511�1-001-012-0307
200208230980
T _ _ _ Packet Pg. 9
WHEREAS, the above named owners are desirous of imposing a restrictive
covenant upon said premises in compliance with Section 19.00.040 of the Edmonds
Community Development Code. WITNESSETH, that for and in
consideration of the premises, the above named owners do hereby declare and grant to
the City of Edmonds as Grantee the following restrictive covenant, to -wit:
That at the time of the execution of this Covenant the Grantors have agreed to the
Ordinance of the City of Edmonds provide that no building for multiple family housing
may be erected on subject property containing more than 6 2 units.
Said Covenant shall be binding upon all present and future owners of said real estate and
their heirs, successors and assigns.
DATED this day of
Gf 4> &1ea: A-/ r.. -7 C's ,rj I'*,ryJ
- `'6? - -
GRANTOR ^>-, '-. e�— &
GRANTOR
State of Washington )
}ss
County oc:L � }
I certify that I know or have satisfactory evidence that
signed this instrument, on oath stated that he/she was author � to execute the
instrument and acknowledged it as the Z\' U�;�N S), -V (title) of
&I c CLL \ �5,¢.fname of party on behalf on whom instrument was executed) to be
the free and voluntary act of such party for the uses and purposes mentions in this
instrument. Subscribed and sworn to before me this �2� day of
V'6 mac.
Notary Public in and for the State of Washington.
My commission expires
AUTHORIZED FOR RECORDING ,
ity of Edmonds
By: Date -71
Page of
LATEMP\BUILDINGTOR WRESTRICT
200208230980
Packet Pg. 10
2.1.c
19.00.030
2436 §3, 1984.1
19.00.030 DRAINAGE AND GRADING
1. Drainage Improvements. Gutters, drain lines and inlets or
other necessary drainage structures shall be installed where
storm water disposal cannot be obtained without their use or
where erosion cannot be prevented by finished grading and
planting. Drywells shall be installed only in areas having
open, well -drained porous soils. Design, construction and
installation of drainage structures shall be in accordance
with Chapter 18.30.
2. Grading Requirements. The builder or owner shall grade the
site to insure:
A. Diversion of water away from buildings.
B. Prevention of standing water and soil saturation and
provision for disposal of water from lot; in accordance
with Chapter 18.30.
C. Protection of adjoining property.
19.00.040 COVENANT FOR MULTIPLE RESIDENTIAL BUILDINGS
Before a building permit for the construction of any multiple
residential building is issued, the applicant shall file with the
Building Official a covenant running from the owners of the real
property upon which the building or structure is to be built, as
grantors, to the City of Edmonds, as grantee. The covenant shall
state the maximum number of dwelling units permitted under the
then existing ordinances of the City to be constructed on the
real property therein described for which the building permit
application has been made. The covenant shall be recorded at the
cost of the applicant with the Snohomish County Auditor. The
covenant shall be a restriction that shall run with the land and
provide notice to later purchasers of the number of dwelling
units permitted to be built upon the site. The Building Official
may require the applicant to furnish a report from a title
insurance company doing business in Snohomish County to verify
the ownership of the grantor.
19.00.050 DEMOLITION PERMITS
Before the demolition of any building or structure, a demolition
permit shall be obtained from the Building Official. The permit
fee shall be as stated in Chapter 15.00. The applicant shall
also post with the City a performance bond, or a cash deposit,
conforming to Chapter 17.10 herein, in an amount to be determined
by the Building Official to satisfy all City Code requirements
not later than six months after the issuance of the permit. The
192 (8/30/88)
Packet Pg. 11
2.2
City Council Agenda Item
Meeting Date: 10/12/2021
Authorization for the City to sign the updated Interlocal Cooperation Agreement related to the
Affordable Housing Alliance within Snohomish County.
Staff Lead: Rob Chave
Department: Planning Division
Preparer: Rob Chave
Background/History
The City is a current signatory to the Interlocal Agreement establishing the Affordable Housing Alliance.
Staff Recommendation
Recommend approval on the next available Council Consent Agenda. Approval will authorize the City to
sign the updated interlocal agreement (Exhibit 1).
Narrative
Monroe is joining the Alliance for Housing Affordability. However, this means that all cities that are part
of the current Interlocal Agreement establishing the AHA need to re -approve the agreement with the
new addition. Hopefully the AHA will make this process easier to accomplish in the future, but currently
this is the only way to add an additional participant. The updated ILA needs to be completed by January
2022.
The updated ILA is attached. The only substantive change from the existing agreement is the addition of
the City of Monroe.
Attachments:
Exhibit 1: Updated AHA Interlocal Agreement for Approval
Packet Pg. 12
2.2.a
INTERLOCAL COOPERATION AGREEMENT FOR INTER -JURISDICTIONAL
COORDINATION RELATING TO AFFORDABLE HOUSING WITHIN SNOHOMISH
COUNTY
This Interlocal Agreement ("Agreement") is made and entered into by and among
the cities of Arlington, Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood,
Marysville, Mill Creek, Mountlake Terrace, Monroe, Mukilteo, Snohomish, and Stanwood,
and the town of Woodway, all of which are municipal corporations organized under the
laws of the State of Washington; the Housing Authority of Snohomish County, a public
housing authority organized under Ch 35.82 RCW; and Snohomish County, a political
subdivision of the State of Washington (herein each referred to individually as a "Party"
and collectively as the "Parties"). This Agreement is made pursuant to the Interlocal
Cooperation Act, Chapter 39.34 RCW, and has been authorized by the governing body
of each Party. The Parties agree as follows:
RECITALS
WHEREAS, the Parties have a common goal to facilitate the availability of housing
within Snohomish County and their respective jurisdictions that meets the needs of all
income levels; and
WHEREAS, the Parties desire to provide a common foundation for housing
policies and programs in Snohomish County and to complement — without duplication of
or conflict with —the efforts of existing governmental and non -governmental organizations
to address housing needs in Snohomish County; and
WHEREAS, the Parties further desire to act cooperatively (1) to educate and
provide technical expertise in support of the affordable housing goals and policies of the
Parties, as communities in Snohomish County; (2) to foster efforts to provide affordable
housing by encouraging funding of housing projects from any combination of public, non-
profit, and private -sector resources; (3) to seek opportunities to leverage resources to
support implementation of the housing goals and policies of the state Growth
Management Act and the Countywide Planning Policies relating to affordable housing;
and (4) to accomplish the foregoing purposes efficiently and expeditiously; and
WHEREAS, the Parties have determined that one efficient and expeditious method
for addressing affordable housing needs in Snohomish County is through the cooperative
action by the Parties contemplated in this Agreement; and
WHEREAS, this cooperative undertaking is not intended to duplicate or to be in
conflict with efforts of public, private, and non-profit corporations and other entities,
including the Parties, already providing affordable -housing -related services;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Packet Pg. 13
2.2.a
1. Purpose. The purpose of this Agreement is to create a venue for the Parties to
undertake planning, cooperation and education in support of the goal of enhancing the
supply of affordable housing in Snohomish county.
2. Term. This Agreement shall be effective when it has been both (a) executed by the
Parties and (b) filed in the offices of the Snohomish County Auditor. The term of this
Agreement will expire on June 30, 2015, unless:
(a) the Agreement is terminated earlier by action of the Parties in accordance
with Section 7(a) hereof; or
(b) a simple majority of the Joint Board membership vote to extend the
Agreement prior to March 31, 2015. The Parties may continue to vote in this
manner to extend the Agreement in two (2) year increments prior to March 31 st of
the final year of each term.
3. Governance. To accomplish the purpose of this Agreement, a Board of
representatives from the Parties is hereby created (the "Joint Board"). The Joint Board
shall have policy -making and oversight authority over the activities undertaken in this
Agreement. The cooperative undertaking of the signatories to this Agreement shall be
known as the Alliance for Housing Affordability ("Joint Board" or "AHA").
(a) Representatives. The Joint Board shall consist of authorized representatives
of the Parties. Each Party shall appoint one individual to act as its
Representative. No later than 30 days following the effective date of this
Agreement and thereafter no later than January 31 of each calendar year, each
Party shall provide notice in writing to the other Parties of the identity and contact
information for its Representative.
(b) Alternates. Each Party may designate one individual to serve in the place of
its Representative on the Board during the Representative's absence or inability
to serve. If an Alternate is designated by a Party, the Party shall notify the Joint
Board in the manner describe in subparagraph (2)(a) above.
(c) Meetings. A quorum of the Board shall consist of a simple majority of the
Representatives (or Alternates serving in their stead) being present at the
meeting.
(i) All meetings of the Board shall be open to the public and held in
accordance with the Open Public Meetings Act, Chapter 42.30 RCW (the
"OPMA").
(ii) Subject to the provisions of this Agreement and the OPMA, the Joint
Board shall establish procedures for operations, meetings, and the
2
Packet Pg. 14
2.2.a
frequency of meetings, provided that the Board shall meet not less often
than quarterly.
(iii) Meetings of the Board shall be conducted according to Robert's Rules
of Order, except when the Board agrees to waive or suspend those Rules.
The Board shall provide for written minutes of all meetings of the Board.
(d) Voting. Action taken by the Board shall be by majority vote of those
Representatives present (including Alternates serving in the absence of the
appointed Representatives) except that a change in the Administrative Agency
appointed shall require an affirmative vote of at least the majority of the Joint
Board membership.
(e) Officers of Joint Board. The Representatives shall each year elect from their
number a Chair and Vice Chair. The Chair shall set the agenda, preside over all
meetings of the Board, and shall, with the assistance of the Administrative
Agency, process issues, organize meetings, and provide for administrative
support as required by the Joint Board. The Vice Chair shall fulfill the duties of
the Chair in the absence, incapacity or resignation of the Chair.
4. Authorized Actions of the Joint Board. The Parties agree that the Joint Board shall
have the authority to:
(a) Develop housing information to assist local elected officials;
(b) Provide technical assistance to Parties for their use in developing and
implementing local housing policies, programs and regulations;
(c) Educate on housing issues, and resources available to assist in the
development and retention of affordable housing;
(d) Propose to the Parties methods for attracting additional public, private, and
not -for -profit investment into affordable housing, including by coordinating,
leveraging or contributing local resources;
(e) Identify opportunities for retention of existing sustainable housing;
(f) Support, on a planning and technical assistance level, the activities of Parties
in aid of the construction of affordable housing;
(g) Discuss and bring forward proposals for cooperation among the Parties in
promoting affordable housing, which shall be referred to the governing bodies of
the Parties for consideration;
3
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2.2.a
(h) Monitor legislative and regulatory activities related to affordable housing at
the state and federal levels,
(i) Research model programs, develop draft legislation, prepare briefing
materials, and make presentations to planning commissions and councils upon
request by a Party;
(j) Develop technical information about standard regulatory agreements
acceptable to private and public financial institutions to facilitate the availability of
funding for private and public projects containing affordable housing;
(k) Recommend an annual budget for approval by the governing body of each
Party, which shall detail the authorized expenditures for the coming fiscal year;
(1) Establish an annual work -plan, specifying the activities planned for the
coming fiscal year, to accompany the recommended annual budget,
(m) Submit an annual report to the governing body of each Party, apprising that
Party of the tasks undertaken and accomplishments of the Joint Board in the
previous fiscal year;
(n) Take other appropriate and necessary action to carry out the purposes of
this Agreement, provided that any commitment of resources outside the scope of
the annual budget or policies not within the annual work plan shall be subject to
the ultimate approval of the governing bodies;
5. BUDGET; APPROPRIATIONS; OTHER FISCAL MATTERS.
(a) Fiscal Year. The Joint board shall operate for budgeting and expenditure
purposes on the basis of a fiscal year beginning July 1 and ending the following
June 30.
(b) Initial Year of the Agreement. The Parties have appropriated funds for the
first year's budget of the Joint board. The appropriated funds are shown on
Attachment A to this Agreement. Upon execution of this Agreement, the
Administering Agency may bill each Party for the committed funds and deposit
them in the Operating Fund (see Paragraph 5(d) below). Funds granted for the
purposes of this Agreement from the Gates Foundation (also shown on
Attachment A) will also be deposited in the Operating Fund. The budget and
work plan for the fiscal year July 1, 2013 through June 30, 2014 is shown on
Attachment B.
(c) Proposed Annual Budget. For the fiscal year July 1, 2014 through June 30,
2015, the Joint Board shall recommend a Joint Board annual operating budget,
proposed work plan, and annual report for submission to the governing body of
4
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2.2.a
each Party by September 1, 2013. For each fiscal year thereafter, the Joint
Board shall recommend a Joint Board annual operating budget, proposed work
plan, and annual report for submission to the governing body of each Party by
June 1 of the preceding calendar year.
(i) The recommended operating budget shall include, but not be limited
to, reimbursements to the Administrative Agency for staff support,
consultant, vendor and contractor costs and other costs for the work plan,
and shall contain itemizations of all categories of budgeted expenses.
(ii) Each Party's proposed contribution shall be calculated as a
percentage of the entire proposed budget, with that percentage
determined on a per capita basis after factoring for available funds from
grants and carryover of unspent funds from a previous budget.
(d) Authorization by Parties; Revisions. Upon receipt of the Joint Board -
proposed budget, each Party shall consider approval and appropriation of its
share of the proposed budget for the upcoming Fiscal Year in order to determine
the amount of its payment to the Operating Fund. A Party's contribution may
consist, in whole or in part, of in -kind services, if approved in the Final Budget. If
any Party does not approve and appropriate its share of the Joint Board -
proposed budget, it shall notify the Board, through the Party's Representative, of
the amount it would be willing to approve and appropriate. The Joint Board shall
then reconsider the budget and work plan and make adjustments accordingly.
The revised budget will then be resubmitted to the Parties for consideration. The
Parties acknowledge and agree that no commitment to pay any Party's share of
a Joint Board -budgeted amount shall be effective absent an appropriation of
funds by the legislative body of that Party in accordance with state and local law.
(e) Adoption of Final Budget. Upon approval of a budget and appropriation of
their respective shares by the legislative bodies of all Parties, the Joint Board
shall adopt the final budget and begin implementation of the work plan. The
budget shall be adopted by the Joint Board no later than the March 31 preceding
the commencement of the next -ensuing Fiscal Year.
(f) Billings; Payments. The Fiscal Agent shall mail billings based on the
approved budget to each Party by no later than the April 30 preceding each
Fiscal Year. Payments shall be due from the Parties by no later than June 15
and shall be deposited by the Administrative Agency upon receipt into the
Operating Fund.
(g) Budget Amendments. No approved Joint Board budget shall be modified
unless and until approved by the legislative bodies of the Parties and the Board
in accordance with the procedures set forth in subsections (b)-(d) above, except
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2.2.a
that the Board may make modifications to the budget to carry out the work
program so long as the total amount of the budget is not increased.
(h) No Other Charges. Except for the annual payments based upon an
approved budget as set forth above, no separate dues, charges, or assessments
shall be recommended to the Parties except upon affirmative vote of at least a
majority of the membership of the Board.
6. Administration. The Joint Board shall appoint an Administrative Agency who is
willing and capable of providing fiscal, technical and administrative support to the Joint
Board.
(a) Duties of Administrative Agency. The Administrative Agency shall provide
services, including but not limited to-
(i) administrative support for Board meeting (including preparing meeting
notices, agendas and minutes);
(ii) responding to requests for public records;
(iii) conducting audits;
(iv) procuring and entering into contracts with consultants, vendors or other
contractors on behalf of the Parties;
(v) developing a proposed annual work plan and budget for Board
consideration;
(vi) serving as fiscal agent to the Joint Board, provided that the Joint Board
may appoint a separate Party to be the "Fiscal Agent" or "Fiscal Agency" in
accordance with the procedure set out in subsection (6)(i), and the duties
set out in subsection (c), (d), (e), and (g) of this section will apply to the
separate Fiscal Agency;
(vii) applying for grants;
(viii) providing such other services as the Board directs and are within the
authority of this Agreement and the Board -adopted work plan and budget.
(b) Administrative Agency Actions in Conformity with Its Internal Policies and
Procedures. At all times, the Administrative Agency shall comply with applicable
legal authorities. This shall include following the Administrative Agency's own
internal processes applicable to comparable actions taken on its own behalf,
including its contracting and procurement policies. At each regular meeting of the
Board, the Administrative Agency shall report on the status of its activities including
contracting, grant applications and any proposed changes to the Board -adopted
work plan and budget.
(c) Fiscal Agent. The Fiscal Agent, or Administrative Agency acting as the fiscal
agent, shall receive and deposit into, and expend funds from, the Operating Fund
created by Section 6(d) hereof for Joint Board purposes only. At all times, the
Fiscal Agent and Administrative Agency shall comply with applicable legal
authorities and its own internal processes regarding its action. At each regular
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2.2.a
meeting of the Board, the Fiscal Agent and Administrative Agency shall report on
the status of its activities including Operating Fund receipts and expenditures.
(d) Operating Fund. The Fiscal Agent or Administrative Agency acting as the
Fiscal Agent shall establish a fund which shall constitute the "operating fund of the
Joint Board" for purposes of RCW 39.34.030(4)(b) and is herein referred to as the
Operating Fund. All funds received on behalf of the Joint Board shall be deposited
in the Operating Fund and all costs and reimbursements paid on behalf of the Joint
board shall be paid from the Operating Fund. At the Fiscal Agent's sole discretion,
the Operating fund may be established as an administrative fund or sub -fund within
an existing fund. The Parties agree that interest will not accrue on the Operating
Fund.
(e) Accounting. Budget procedures and records shall conform to generally
accepted accounting principles and to the State Auditor's budget, accounting and
reporting ("BARS") manual, and shall be subject to disclosure and audit as
provided by applicable law.
(f) Services and Reimbursement. The Administrative Agency shall be
reimbursed for its costs in providing the services required as Administrative
Agency.
(i) The Administrative Agency will provide qualified staffing for technical
and administrative services to the Joint Board. After considering the advice
and recommendations of the Joint Board, the Administrative Agency will
designate a level of qualified staffing necessary to carry out the Board's
annual work plan consistent with the approved budget in order to provide
technical and administrative services as set out by the Joint Board work
plan. Designated staff rendering services hereunder shall be considered
employee(s) of the Administrative Agency for all purposes. The
Administrative Agency shall be responsible for all aspects of the staff's
employment including but not limited to wages, benefits, performance,
discipline and termination. The Administrative Agency shall address
staffing issues within sixty (60) days of a receipt of a written request from
the Joint Board outlining the reasons for said request. Any written request
related to staffing shall be delivered to the Administrative Agency personally
or by certified or registered mail.
(ii) The Administrative Agency shall be reimbursed for the wages of
designated staff providing services that are related to and required to carry
out the duties of the Administrative Agency as set out in the annual budget
and work plan.
(iii) Any contract expenditures or other costs incurred by the Administrative
Agency at the direction of the Joint Board or required under this Agreement
7
Packet Pg. 19
2.2.a
shall also be reimbursed, and such costs shall be reflected in the annual
budget and work plan.
(g) Liabilities of Fiscal Agent, Administrative Agency; Late Payments; Failures to
Pay. The Fiscal Agent or Administrative Agency may not incur costs that exceed
the approved budget and shall not be obliged to incur costs or advance its own
funds if the Operating Fund balance is not sufficient to cover costs payable from
the Operating Fund. In the event that one or more Parties do not remit payment
within the timeframes prescribed by this Agreement, the Fiscal Agent or
Administrative Agency may, but is not obliged to, make a payment to avoid breach
of an obligation with an outside party such as a consultant, vendor or contractor.
Each Party shall be responsible and liable to the other Parties for interest and other
costs, claims or liabilities of any kind that result from late payment by the Party,
and the late -paying Party shall defend, indemnify and hold harmless the other
Parties from such costs, claims or liabilities resulting from the late payment. For
clarification and within limiting the foregoing, the late -paying Party will be
responsible for any late payment charges. In the event that a Party fails to pay its
individual share of the Board's adopted final budget, the other Parties may also
seek a judgment against said Party. Any costs incurred to seek the judgment and
recover costs will be charged in full against the responsible Party.
(h) Initial Appointment. The initial Administrative Agency shall be the Housing
Authority of Snohomish County.
(i) Change in Administrative Agency. The Administrative Agency may be
changed by a majority vote of the majority of the membership in the Joint Board.
The Administrative Agency may resign from its appointment on ninety (90) days
written notice.
7. Termination of Agreement.
(a) By Affirmative Vote. This Agreement may be terminated at any time by
affirmative vote of a majority of the Joint Board Representatives.
(b) Withdrawal. Any Party may withdraw from this Agreement and thereby
terminate its participation in the Agreement by providing 90 days' prior written
notice to every other Party and to the Joint Board. Upon withdrawal, any
contributions previously authorized by the governing body of the Party for that
fiscal year shall remain in the Operating Fund, to meet any obligations incurred in
reliance upon the approved Budget. In the event any Party fails to approve and
appropriate funds to pay for the next fiscal year's budget by March 1 of any year,
such Party shall be deemed to have provided notice of withdrawal effective upon
June 30 of the then current fiscal year. Additionally, should the Housing Authority
of Snohomish County cease to be the Administrative Agency, by vote or
n.
Packet Pg. 20
2.2.a
resignation, the Housing Authority of Snohomish County will be deemed to have
submitted a notice of withdrawal pursuant to the provisions of this subsection.
(c) Expiration. This Agreement shall expire automatically if the Joint Board fails
to vote to extend prior to the expiration date as set forth in section 2(b) of this
Agreement, or if there is less than three remaining Parties.
(d) Acts Upon Termination. Upon termination of this Agreement, the Joint Board
shall be dissolved and the Board shall establish a plan of dissolution for payment
of outstanding bills and obligations, payment of ongoing obligations incurred prior
to dissolution and other terms to wind up the affairs of the Joint Board. All assets
and liabilities of the Joint board shall be dispensed with and property acquired or
set aside during the life of the Agreement shall be disposed of in the following
manner:
(i) all assets contributed without charge by any Party shall revert to the
contributing Party;
(ii) all assets acquired by the administering agency for the purpose of
carrying out the work of the Joint Board and purchased by the Parties
contributions during the term of the Agreement shall be distributed to the
Parties based on each Party's pro rata contribution to the overall budget
during the fiscal year the asset was acquired;
(iii) any liability remaining after the application of unencumbered funds shall
be dispensed consistent with the approved budget as determined by the
Board; and
(iv) except as provided by this Agreement, all unexpended and
unencumbered funds held in the Operating Fund shall be distributed by the
Fiscal Agency to the Parties based on each Party's pro rata contribution to
the overall budget in effect at the time the Agreement is terminated.
8. Indemnification and Hold Harmless.
(a) Each Party shall, indemnify and hold other Parties (including without
limitation the Party serving as, and acting in its capacity as the Administering
Agency), their officers, officials, agents and volunteers harmless from any and all
claims, injuries, damages, losses or suits including attorney fees, arising out of
that Party's wrongful acts or omissions in connection with the performance of its
obligations under this Agreement, except to the extent the injuries or damages
are caused by another Party. In the event of recovery due to the aforementioned
circumstances, the Party responsible for any such wrongful acts or omissions
shall pay any judgment or lien arising therefrom, including any and all costs and
reasonable attorneys fees as part thereof. In the event more than one Party is
held to be at fault, the obligation to indemnify and to pay costs and attorneys
fees, shall be only to the extent of the percentage of fault allocated to each
respective Party by a final judgment of the court.
9
Packet Pg. 21
2.2.a
(b) Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of a Party hereto (including without limitation the Party
serving as, and acting in its capacity as, the Administering Agency), its officers,
officials, employees, and volunteers, the Party's liability hereunder shall be only
to the extent of the Party's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Party's waiver
of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of
this indemnification. This waiver has been mutually negotiated by the Parties.
The provisions of this Section shall survive the expiration or termination of this
Agreement.
(c) Each Party (including without limitation the Party serving as, and acting in its
capacity as the Administering Agency) shall give the other Parties proper notice
of any claim or suit coming within the purview of these indemnities.
(d) Notwithstanding any provision in this Agreement to the contrary, the
provisions of this section shall remain operative and in full force and effect,
regardless of the withdrawal or termination of any Party or the termination of this
Agreement for the duration of any applicable statute of limitations.
9. Insurance. The Joint board, the Fiscal Agency, and the Administering Agency shall
take such steps as are reasonably practicable to minimize the liability of the Parties
associated with their participation in this Agreement, including but not limited to the
utilization of sound business practices. The Board shall determine which, if any,
insurance policies may be reasonably practicably acquired to cover the operations of
Joint Board and the activities of the Parties pursuant to this Agreement (which may
include generally liability, errors and omissions, fiduciary, crime and fidelity insurance),
and shall direct the acquisition of same.
10. Dispute Resolution. Whenever any dispute arises between the Parties or between
a Party or Parties, the Board, or the Administering Agency (referred to collectively in this
Section as the "parties") under this Agreement which is not resolved by routine
meetings or communications, the parties agree to seek resolution of such dispute in
good faith by meeting, as soon as feasible. The meeting shall include the Chair of the
Board, the Vice -Chair, and the representative(s) of the Parties involved in the dispute. If
the parties do not come to an agreement on the dispute through this process, any party
may pursue mediation through a process to be mutually agreed to in good faith between
the parties within 30 days, which may include binding or nonbinding decisions or
recommendations. The mediator(s) shall be individuals skilled in the legal and business
aspects of the subject matter of this Agreement. The parties to the dispute shall share
equally in the costs of mediation and assume their own costs. If the Parties are not able
to resolve the dispute through the above process, or conduct or resolve the dispute
10
Packet Pg. 22
2.2.a
through meditation, then any Party may pursue whatever legal remedies may be
available.
11. Public Records; Confidential Information.
(a) Application of PRA. All records related to this Agreement or the Joint Board
will be available for inspection and copying under the provisions of the Public
Records act, Chapter 42.56 RCW (the "PRA"), subject to any exemptions or
limitations on disclosure.
(b) Confidential Information. If a Party considers any portion of a record it
provides another Party under this Agreement, whether in electronic or hard copy
form, to be protected from disclosure under law, the Party shall clearly identify any
specific information that it claims to be "Confidential." A Party receiving a request
for a record marked as Confidential shall notify the other Parties of the request and
the date that such record will be released to the requester unless another Party
obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If
another Party fails to timely obtain a court order enjoining disclosure, the receiving
Party will release the requested information on the date specified. No Party shall
be liable for any records that the Party releases in compliance with this section or
in compliance with an order of a court of competent jurisdiction.
12. Limitations. Nothing in this Agreement shall be construed or applied in a manner
that:
(a) Is inconsistent with or intrudes upon other contractual agreements of the
Parties including, but not limited to, the interlocal cooperation agreements between
Snohomish County and various cities for urban county consortium qualification
under the United States Department of Housing and Urban Department
Development Community Development Block Grant Program and HOME
Investment Partnership Program; or
(b) Authorizes or permits the Joint Board to lobby or to attempt to gain preferential
treatment in processes conducted by any of the Parties to award federal, state or
local funds for affordable housing.
13. Notices.
(a) To the Joint Board. Any notice to the Joint Board shall be in writing and shall
be addressed to the chair of the Board and to the Administrative Agency.
(b) To a Party. Any notice to a Party shall be to the Representative and Alternate,
if any, of that Party.
11
Packet Pg. 23
2.2.a
(c) Methods of Notice. Any notice may be given by certified mail, overnight
delivery, facsimile, telegram, or personal delivery. Notice is deemed given when
delivered. Email may be used for notice that does not allege a breach or dispute
under this Agreement.
(d) Notice Addresses of Parties. The following contact information for each Party
shall apply until amended in writing by a Party providing new contact information
to each other Party, the Chair of the board, and the Administrative Agency, if any:
City of Arlington
Mike Hopson, Councilman
18204 591" Avenue NE
Arlington, WA 98223
Phone (360) 403-4603
mhopson@arlingtonwa.gov
City of Edmonds
Shane Hope, Development Services Director
121 5t" Avenue North
Edmonds, WA 98020
Phone (425) 771-0220
Facsimile (425) 771-0221
shone hope@edmonrlsw gee
City of Everett
Becky Ableman-McCrary, Housing & Community Development
2930 Wetmore Avenue, Suite 8A
Everett, WA 98201
Phone (425) 257-8736
Facsimile (425) 257-8742
City of Granite Falls
Ray St urtz City PlanBrentKirk, City Manager
206 South Granite Avenue, PO Box 1440
Granite Falls, WA 98252
Phone (360) 691-6441
Facsimile (360) 691-6734
City of Lake Stevens
Russ Wright, Planning & Community Development Director
1812 Main Street, PO Box 257
Lake Stevens, WA 98258
Phone (425) 377-3229
Facsimile (425) 212-3327
rwright@lakestevenswa.gov
12
Packet Pg. 24
2.2.a
City of Lynnwood
Paul Krauss CID Dore Development and Business Services Department
PO Box 5 20816 44t" Ave W, Suite 230
Lynnwood, WA 9804698036
Phone (425) 670-5401
FAGS'mile (425) 771 _6585
pkrauSS@G'.Iynnwood.wa.usplanninqC@Iynnwoodwa.gov
City of Marysville
Chris Holland, Planning Manager
1049 State Avenue
Marysville, WA 8270
Phone (360) 363-8000
Facsimile (360) 651-5033
cholland@marysvillewa.gov
Citv of Mill Creek
Tom Rogers, , iDiren+er of Community Deyelonmen+Director of Public Works
and Development Services
15728 Main Street
Mill Creek, WA 98012
Phone (425) 745-1891
Facsimile (425) 745-9650
tom@cityofmillcreek.com
City of Monroe
Anita Morerro, Senior Planner
806 West Main Street
Monroe, WA 98272
Phone (360) 863-4513
AMarrero@monroewa.gov
Citv of Mountlake Terrace
Kyoko Matsumoto Wright, Councilwoman
6100 219t" Street SW, Suite 200
Mountlake Terrace, WA 98043
Phone (425) 744-6281
Facsimile (425) 775-0420
shepe@G' mlf w u-s
City of Mukilteo
Jennifer Gregerson, Mayor
11930 Cyrus Way
Mukilteo, WA 98275
13
Packet Pg. 25
2.2.a
Phone (425) 263-8017
Facsimile (425) 212-2068
mayor@ci.mukilteo.wa.us
Citv of Snohomish
Glen PmE;kucy Planning &Development Qervicesr—DoreEtorPlanning &
Development Services Department
116 P.O. Box 1589
Snohomish, WA 98290
Phone (360) 568-31 1 5282-3167
Facsimile (360) 568-1375
hay iman@Gm nohnmi h w ., eidem c@' snohomishwa.gov
City of Stanwood
Patricia Love, Community Development Director
10220 270t" Street NW
Stanwood, WA 98292
Phone (360) 629-2181
ry n.larsen@G' stunwood.uspatricia.love0ci.stanwood.wa.us
Town of Woodwa
Carlo N'Gho4, Mayor
23920 113t" Place West,
Woodway, WA 98020
Phone (206) 542-4443
Facsimile (206) 546-9453
Mayor@townofwoodway.com
Housina Authoritv of Snohomish Countv
Executive Director
12711 4t" Avenue West
Everett, WA 98204
Phone (425) 290-8499
Facsimile (425) 290-5618
dleonard@hasco.org
Snohomish Cou
Mary jane Kroll V„i^„i^ DireEterSnohomish County Council Chair or
Designee
Human SerViGes Dep rt��
3000 Rockefeller Avenue, M/S 385609
Everett, WA 98201
Phone (425) 388-71163494
FaGSimile (425) 259-1444
lVlrYiono hrelI@snn^n nrn
14
Packet Pg. 26
2.2.a
14. General Provisions.
(a) Rights and Obligations Reserved; MOU Superseded. This Agreement
reserves to each Party and shall not be construed to be in derogation of any rights,
powers, privileges, authority, liability, obligations and duties set forth in or provided
by any previous agreement executed by a Party relating in any way to affordable
housing, except that the Memorandum of Understanding dated September 21,
2011, by and among the Housing Authority of Snohomish County, the cities of
Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek,
Mountlake Terrace, Mukilteo, Snohomish, Sultan and the town of Woodway (the
"MOU"), shall be deemed terminated pursuant to section 2.6.13 of the MOU and
shall be of no force and effect upon the effective date of this Agreement.
(b) Access to Records. To the extent permitted by law, all records, accounts and
documents relating to matters covered by this Agreement shall be subject to
inspection, copying, review or audit by the Washington State Auditor or any Party.
Upon reasonable notice, during normal working hours, each Party shall provide
auditors from the Washington State Auditor or the other Parties with access to its
facilities for copying said records at their expense.
(c) No Third Party Beneficiaries. This Agreement is for the benefit of the Parties
only, and no third party shall have any rights hereunder.
(d) Venue. The venue for any action related to this Agreement shall be in Superior
Court in and for Snohomish County, Washington at Everett.
(e) Severability. If any of the provisions of this Agreement are held to be invalid,
illegal or unenforceable, the remaining provisions shall remain in full force and
effect. If the invalidated provision is essential to the benefit of the Parties' bargain,
the Parties will in good faith negotiate a replacement provision to make the Parties
whole to the greatest extent possible.
15. Execution. This Agreement may be executed in multiple counterparts and, if so
signed, shall be deemed one integrated Agreement. The undersigned signatories
represent that they are authorized to execute this Agreement on behalf of the respective
Party for which they have signed below.
15
Packet Pg. 27
2.2.a
CITY OF ARLINGTON
Signature Date
Its:
16
Packet Pg. 28
2.2.a
CITY OF EDMONDS
Signature Date
Its:
17
Packet Pg. 29
2.2.a
CITY OF EVERETT
Signature Date
Its:
In
Packet Pg. 30
2.2.a
CITY OF GRANITE FALLS
20
Signature Date
Its:
19
Packet Pg. 31
2.2.a
CITY OF LAKE STEVENS
20
Signature Date
Its:
20
Packet Pg. 32
2.2.a
CITY OF LYNNWOOD
20
Signature Date
Its:
21
Packet Pg. 33
2.2.a
CITY OF MARYSVILLE
20
Signature Date
Its:
22
Packet Pg. 34
2.2.a
CITY OF MILL CREEK
20
Signature Date
Its:
23
Packet Pg. 35
2.2.a
CITY OF MONROE
Signature Date
Its:
24
Packet Pg. 36
2.2.a
CITY OF MOUNTLAKE TERRACE
20
Signature Date
Its:
25
Packet Pg. 37
2.2.a
CITY OF MUKILTEO
20
Signature Date
Its:
26
Packet Pg. 38
2.2.a
CITY OF SNOHOMISH
Signature Date
Its:
27
Packet Pg. 39
2.2.a
CITY OF STANWOOD
Signature Date
Its:
Packet Pg. 40
2.2.a
TOWN OF WOODWAY
Signature Date
Its:
29
Packet Pg. 41
2.2.a
SNOHOMISH COUNTY
Signature Date
Its:
30
Packet Pg. 42
2.2.a
HOUSING AUTHORITY OF
SNOHOMISH COUNTY
Signature Date
Its:
31
Packet Pg. 43
2.3
City Council Agenda Item
Meeting Date: 10/12/2021
Position Change Request
Staff Lead: Dave Turley
Department: Administrative Services
Preparer: Dave Turley
Background/History
Any request to increase or decrease the total number of approved FTEs must be taken to Council. This
agenda item is a request to increase an HR position from 0.85 to 1.0.
Staff Recommendation
This item was previously discussed in Finance Committee. That Committee approved the change and
requested that we bring it to this Committee for approval as well. Staff recommendation is to approve
this change in this approved position from 0.85 to 1.0.
Narrative:
Any request to increase or decrease the total number of approved FTEs must be taken to Council. This
agenda item is a request to increase an HR position from 0.85 to 1.0.
Attachments:
Position Change on October 12 2021
Packet Pg. 44
Position Change Request
October 12, 2021
o� rnMrJ
u '?i
Packet Pg. 45
We have 1 request tonight. This request does not affect revenues or
expenses, the request is simply to increase an existing FTE from 0.85 to 1.0.
Off" ED,9q
r�
Packet Pg. 46
Item DesCripfion:
In dune of 2021, the 1111 Anal vst ftsition moved from part-time to full-time on a temporaryv basis in order to
meet the increased staffing needs of the cite. It has been determined that this change in FTE Mould most
benefit the cite ar, a permanent position change. This decision package is to approve the permanent change
to salary and benefits for the Senior H R Analyst Position in 2021 by reallocating budget from the vacant
d-1) Coordinator position.
Department;
Fund
Nsrte:
OOL GENERAL
Divisiam
Tidy;
Preparers
Budge Amendment Type Nis'K ILerik Fur {'4Pund1 T4P ( unsider
Date of Discussion or Budget Approval?
IluW is this ancnrii-wnt funded`' 100% Ending Fund I#.41anre
What is the nalure of [he expendiure (1n-(:-in
Is the Expmditure Operating or Capilul° {11F4�ratin
Expenditure Increase {Decrease) FiY1ow om-gv g rests A remmu"
Amunt Numhrr
Description
2021
2022
2023
2024
2025
001-".22-51 S.10-11-01)
Salaries - IIR AnuI st
S 7,403
14,805
$ 14 0S
14,80.5
14,805
001-000.22-519.10-23-01)
BenrFas - IIR Analvs[
505
4,010
4 010
4,010
4,010
001-000.22-51 S.10-11-00
(7,403
14,805
14 OS
14 80.5
14,805
001-00D.22-518.10-23-00
(505)
(4,010
4010
4010
4,010
Total Expendiltuc Increase Ekn rouse
Revenue Increase (Decrease)
Amu Fit Nunihrr
DesC ' tion
2421
2022
2023
2024
2025
S -
-
S -
-
S -
Total Revcnkic Increase Dcxzease
S -
-
Ending Fund Balance Increase (Decrease)
Amunt Nu1311p%:r
Deir ' tion
2021
2022
21123
2024
2025
Total Enchng Fund Balanea hmmase (Decrease)
S
Request for change in status for HR
Analyst position.
OF Q)4 f
Packet Pg. 47
Recommendation:
N
N
7
N
d
Ol
This item was previously discussed in Finance Committee.
O
That Committee approved the change and requested that y
0
we bring it to this Committee for approval as well. Staff N
0
N
N
recommendation is to approve this change in this approved
0
position from 0.85 to 1.0.
CU
U
c
O
O
a
c
a
E
Thank you.
Q
tea.
Packet Pg. 48
2.4
City Council Agenda Item
Meeting Date: 10/12/2021
Update on Prosecuting Attorney RFP Process
Staff Lead: Jessica Neill Hoyson
Department: Human Resources
Preparer: Jessica Neill Neill Hoyson
Background/History
Zachor & Thomas serves as the City's Prosecuting Attorney firm under the parties' 2013 Prosecuting
Attorney Legal Services Agreement, which has been amended five times to date, extending it through
December 31, 2021. City staff, with the assistance of the Office of the City Attorney, negotiated the
terms of Amendment No. 5, including the lower base fee, which is based on the anticipated change in
caseload due to the City's newly implemented DWLS 3 charging policy.
At its November 2, 2020 meeting, the City Council discussed the recommendation by the Mayor to
extend the Agreement by one year to provide additional time to assess the services being provided by
Zachor & Thomas and to issue a Request for Proposals for prosecuting attorney legal services in 2021.
At this time City staff has undertaken the RFP process for Prosecutor Services. This agenda item is to
update the Pubic Safety & Personnel Committee on that process.
Staff Recommendation
No action recommended at this time.
Narrative
Selection Process:
The deadline for submitting a proposal to the City of Edmonds is Friday, October 8, 2021. All proposals
shall be reviewed and screened by a Selection Committee based upon the qualifications and
requirements outlined in this RFP. The Selection Committee may include the Human Resources
Director, Police Chief, and other designated City staff. Finalists are expected to be invited for
interviews during the week of October 25. The Selection Committee then plans to make a
recommendation to the City Council for consideration at the City Council's first Regular Business
Meeting in November. Should there be a need to change this schedule, finalists selected to interview will
be notified in advance of these changes.
Depending on how many proposals the City receives by Friday 10/8 we may need to alter this timeline
somewhat. The review committee meets on 10/12 and will have a clearer picture of time lines after
that meeting. It is anticipated that interviews can be scheduled and completed by the end of October.
A presentation of the Selection Committee's recommendation can be scheduled at the first Council
meeting in November, or if the Council prefers, Council can schedule their own interviews of the
finalists first. It should be understood though that we will be into November by then either way, and
Packet Pg. 49
2.4
the Council will need to make a fairly quick decision so that staff will have time to negotiate a contract
and get it in place by January V.
Packet Pg. 50
2.5
City Council Agenda Item
Meeting Date: 10/12/2021
Edmonds Municipal Court Reorganization
Staff Lead: Judge Whitney Rivera
Department: Municipal Court
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
Review court reorganization.
Narrative
Edmonds Municipal Court (EMC) nimbly and skillfully responded to the needs of our community during
the COVID-19 pandemic. The court remained open and transitioned to a combination of remote and in -
person proceedings, amid both an uncertain quarantine period and a changing landscape of criminal law
and procedure, due to appellate court decisions and legislative changes. The court showed its leadership
in its staff, as Edmonds Probation Officer Omar Gamez was named Probation Officer of The Year by the
Washington State Misdemeanant Probation Association (MPA). He was chosen among all the probation
officers across the entire state.
EMC is, for many members of our community, the face of the city. Any person who receives a parking
infraction, a traffic infraction, or a criminal citation for a misdemeanor or gross misdemeanor interacts
with Edmonds Municipal Court. Edmonds Municipal Court works every day to provide access to justice.
In order to continue our work, correct past inequities, and staff positions to appropriately reflect the
workload, the Court requests that City Council approve the following four requests:
1. Create an Assistant Court Administrator position;
2. Backfill the clerk position vacated by the individual who will become the Assistant Court
Administrator, if approved, and create an additional Court Clerk position;
3. Reclassify the Court Administrator; and
4. Change the elected Municipal Court Judge position from 0.75 FTE to 1 FTE.
These requests and supporting documentation are discussed in greater detail below. If all of these
requests are approved and went into effect September 1, 2021, the estimated 2021 cost impact is
$86,329.98.
Packet Pg. 51
2.5
Position
Current Cost
If Request Approved
2021 Cost Impact
Judge
$135.460.50 annual salary
$180,614 through July 1,
$19,867.54
With benefits: $178,807.86
2022 With benefits:
$238,410.48
Court Administrator
$102,844 annual salary
$125,008 With benefits:
$9,752.16
With benefits: $135,754.08
$165,010.56
Assistant Court
$69.780 annual salary
$93,283 With benefits:
$10,341.32
Administrator
With benefits: $92,109.60
$123,133.56
Court Clerk
Pay currently in place used
$52,692 With benefits:
$23,184.48
(replacing clerk who
above in Assistant Court
$69,553.44
will move to
Administrator
Assistant Court
Administrator)
Relicensing Court
Position does not currently
$52,692 With benefits:
$23,184.48
Clerk
exist
$69,553.44
TOTAL
I
I
1 $86,329.98
Judicial Needs Estimation
Throughout this memorandum and supporting documentation, the term Judicial Needs Estimation (JNE)
is used. The JNE is used by courts throughout the entire State of Washington as one measure of a court's
workload.
The Administrative Office of the Courts (AOC) creates the JNE based on an algorithm that takes into
account case filings and hearings held. AOC determines the needs for each court based on the statistics
from the court's case management system called Judicial Information System (JIS).
The data used to calculate the JNE is generated by the Caseloads of the Courts of Washington. However,
the caseload tables used to calculate the JNE do not comprise a complete workload report. The caseload
statistics do not reflect administrative activities, non -case activity, and off -bench case activity.
Moreover, the JNE generated by AOC for Edmonds Municipal Court does not include search warrants or
weekend jail booking reviews. Edmonds Municipal Court currently does not have sufficient staff to enter
the search warrant statistics into JIS, which means that this work is not reflected in the caseload
statistics and therefore not represented in the JNE. Moreover, the JNE does not reflect a presiding
judge's duties.
The JNE is the accepted measure of a court's caseload, even if it is not representative of a complete
workload report for the reasons discussed above. The workload of the court impacts the number of staff
required to serve our citizens.
Realignment of Judicial Branch Organization
Packet Pg. 52
2.5
The Role Realignment for Edmonds Municipal Court is attached as Appendix A. This document outlines
the changes required to align with proper union and accounting procedures. The first page shows the
current structure and highlights the problems with the way the court is currently organized. The second
pages outlines how the increased funding would be used to remedy the current issues.
Request for Assistant Court Administrator
Edmonds Municipal Court is the only court in Snohomish County that does not currently have an
Assistant Court Administrator. Many duties that are preformed when filling in for the Court
Administrator are HR related and cannot be done by a union represented position.
In order to be in compliance with the State Auditor and Administrative Office of the Courts (AOC)
recommendations, EMC needs at least two levels to audit and track financial transactions. All courts in
the county have at least two exempt levels monitoring and auditing court accounting of staff and
Judicial Information System entries.
This work is done by exempt personnel in other courts that are in compliance with the State's
recommendations. This new structure would put EMC in compliance with the State Auditor and AOC
recommendations. The new positions would also create a fair labor practice of a non -represented
position supervising, monitoring, and auditing the work of union positions.
This Assistant Court Administrator will provide succession planning, depth, and continuity of
government in emergency situations.
Backfill Court Clerk and Create New Court Clerk Position
The individual who will become the Assistant Court Administrator, if approved, will vacate the Lead
Clerk position. EMC is requesting that this position be backfilled. This Clerk would be responsible for
front counter payment processing, accounts receivable, collection payments, time pay agreements, mail
payments, and online payments.
EMC is also requesting to create an additional Clerk position. Staff at EMC have been overwhelmed in
their workload, resulting in overtime hours being used in 2020 and 2021. Compared to resourcing from
comparable cities, EMC has three to eight fewer staff position. See Appendix D.
Additionally, EMC will be creating and implementing a new driving while license suspended program.
This program will greatly reduce the need for individuals to be criminally charged for failure to pay fines
of traffic penalties. This program will help achieve the goals of Resolution No. 1460, which passed
unanimously by the Edmonds City Council, and includes assisting eligible drivers in getting relicensed.
Court Administrator Reclassification
General Rule (GR) 29 governs judicial branch operations and administration. Pursuant to GR 29, all
operation and administrative duties for any business -related matter may be delegated by the judicial
officer to a Court Administrator. This includes personnel, budget administration, functions, and
Packet Pg. 53
2.5
operations. GR 29 also provides that all duties set forth in the rule cannot be delegated to the legislative
or executive branches of government.
Edmonds Municipal Court (EMC) has a Court Administrator per GR 29. The Court Administrator is
responsible for all functions of the court. The Court Administrator is appointed by and reports directly to
the Presiding Judge. The Court Administrator is held to a comparable standard in duties, roles,
knowledge, and expertise as other city department heads.
This request is being made to the City Council because of the disparity between the pay grade for the
Court Administrator and the work performed. The Court Administrator must have in-depth institutional
knowledge and an understanding of court procedures and applicable laws. There has been a shift across
the State to increase Court Administrator compensation and recognize the specialized nature of this
position. A Court Administrator will be required by court rule to undergo continuing education.
Because the Court Administrator must have wide-ranging knowledge and all -encompassing skills to carry
out her extensive duties and responsibilities, this change is necessary to achieve equity and parity. The
Court Administrator role has traditionally employed women in the role and labor market data reflects a
disparity in pay relative to gender. Given the elevated duties of this position, EMC requests that the
Council approve reclassifying the Court Administrator position to NR-20 to bring pay equity into
alignment internally.
Here is a sample of Court Administrator compensation in comparable cities:
City
Low End Salary
High End Salary
Shoreline*
$170,119
$214,589
Kent
$126,732
$198,456
Tukwila
$124,608
$162,024
Lynnwood
$119,743
$171,120
Mountlake Terrace*
$105,849
$149,582
Marysville
$104,973
$131,703
Des Moines
$101,652
$124,788
Issaquah
$99,867
$135,469
Kirkland
$98,822
$127,536
Bothell
$97,281
$124,375
Bremerton
$94,200
$115,008
Edmonds (current)
$93,283
$125,008
Puyallup
$85,284
$109,152
* Shoreline and Mountlake Terrace contract with King and Snohomish counties. Salary shown is
the Court Administrator for those counties.
Packet Pg. 54
2.5
Change Municipal Court Judge from 0.75 FTE to 1 FTE
As discussed above, the JNE generated by AOC estimates the judicial needs for EMC to be 1 FTE. The JNE
and caseload statistics do not reflect administrative activities, non -case activity, and off -bench case
activity. The JNE does not include search warrants or weekend jail booking reviews.
The number of search warrants issued each year are as follows:
§ 2018 - 109 search warrants;
§ 2019 - 97 search warrants;
§ 2020 - 101 search warrants; and
2021- If numbers remain consistent throughout the remainder of the year, there will be
approximately 108 search warrants.
EMC currently does not have sufficient staff to enter the search warrant statistics into JIS. This means
that this work is not reflected in the caseload reports and therefore not represented in the JNE. If our
requests for staffing are approved, EMC could work towards ensuring that search warrants are entered
into JIS so that they are reflected in the future JNE. Lastly, the JNE does not reflect a presiding judge's
duties.
Moreover, EMC expects that a number of legislative changes, including changing possession of a
controlled substance from a felony to a simple misdemeanor, will likely impact the JNE moving forward.
We expect an uptick in caseload activity as we reopen following the shutdowns from the COVID-19
pandemic.
Lastly, under the Washington State Supreme Court Emergency Order, which is still in effect, bench
warrants for failures to appear in court may only issue upon a consideration of factors including whether
a warrant is necessary for the immediate preservation of public or individual safety. Because many
criminal offenses that come through EMC do not meet this factor, bench warrants have been authorized
but held for administrative review. Once the Washington State Supreme Court Emergency Order is
lifted, we expect approximately 350+ bench warrants to issue. The arrests that inevitably will result from
effectuating these warrants will also impact EMC's workload.
Please feel free to reach out to myself or Uneek Maylor if you would like any additional information
regarding our requests. Thank you in advance for your consideration.
Attachments:
EMC Reorganization Agenda Memo - footnoted
EMC Appendix A
EMC Appendix B
EMC Appendix C
EMC Appendix D
EMC Appendix E
EMC Appendix F
Packet Pg. 55
2.5
EMC Appendix G
EMC Appendix H
Packet Pg. 56
2.5.a
Agenda Memorandum
From: Judge Whitney Rivera, Edmonds Municipal Court
To: Edmonds City Council
Meeting: July 27, 2021
Edmonds Municipal Court (EMC) nimbly and skillfully responded to the needs of our
community during the COVID-19 pandemic. The court remained open and transitioned to a
combination of remote and in -person proceedings, amid both an uncertain quarantine period
and a changing landscape of criminal law and procedure, due to appellate court decisions and
legislative changes. The court showed its leadership in its staff, as Edmonds Probation
Officer Omar Gamez was named Probation Officer of The Year by the Washington State
Misdemeanant Probation Association (MPA). He was chosen among all the probation
officers across the entire state.
EMC is, for many members of our community, the face of the city. Any person who receives
a parking infraction, a traffic infraction, or a criminal citation for a misdemeanor or gross
misdemeanor interacts with Edmonds Municipal Court. Edmonds Municipal Court works
every day to provide access to justice. In order to continue our work, correct past inequities,
and staff positions to appropriately reflect the workload, the Court requests that City Council
approve the following four requests:
1. Create an Assistant Court Administrator position;
2. Backfill the clerk position vacated by the individual who will become the Assistant
Court Administrator, if approved, and create an additional Court Clerk position;
3. Reclassify the Court Administrator; and
4. Change the elected Municipal Court Judge position from 0.75 FTE to 1 FTE.
These requests and supporting documentation are discussed in greater detail below. If all of
these requests are approved and went into effect September 1, 2021, the estimated 2021 cost
impact is $86,329.98.
Edmonds Municipal Court Agenda Memorandum — 1
Packet Pg. 57
2.5.a
Position
Current Cost
If Request Approved
2021 Cost Impact
Judge
$135.460.50 annual salary
$180,614 through July 1,
$19,867.54
20222
With benefits:'
With benefits:
$178,807.86
$238,410.48
Court Administrator
$102,844 annual salary
$125,008
$9,752.16
With benefits:
With benefits:
$135,754.08
$165,010.56
Assistant Court
$69.7803 annual salary
$93,283
$10,341.32
Administrator
With benefits:
With benefits:
$92,109.60
$123,133.56
Court Clerk
Pay currently in place used
$52,692
$23,184.48
(replacing clerk who
above in Assistant Court
will move to
Administrator
With benefits:
Assistant Court
$69,553.44
Administrator)
Relicensing Court
Position does not currently
$52,692
$23,184.48
Clerk
exist
With benefits:
$69,553.44
TOTAL
$86,329.98
' This number is reached assuming that employee benefits are approximately 32% of the employee salary
z The EMC Judge's current salary is $135,460.50. This salary is based on the current district court judges'
annual salary of $190,120, which is reduced 25% due to the current 0.75 FTE status and then another 5% as fixed
by the Washington Citizens' Commission on Salaries for Elected Officials (i.e., $190,120 x 0.75 = 142,590 x 0.95 =
$135,460.50). If approved to change the EMC Judge to 1 FTE, this would result in an annual salary of $180,614
through July 1, 2022 (i.e., $190,120 x 0.95 = $180.614). On July 1, 2022, the district court judges' annual salary
increases to $193,447, which would increase the EMC Judge's salary to $183,774.65.
3 This position does not currently exist. However, if the request is approved, the person who will fill this
role currently receives an annual salary of $69,780.
Edmonds Municipal Court Agenda Memorandum — 2
Packet Pg. 58
2.5.a
Judicial Needs Estimation
Throughout this memorandum and supporting documentation, the term Judicial Needs
Estimation (JNE) is used. The JNE is used by courts throughout the entire State of
Washington as one measure of a court's workload.
The Administrative Office of the Courts (AOC) creates the JNE based on an algorithm that
takes into account case filings and hearings held. AOC determines the needs for each court
based on the statistics from the court's case management system called Judicial Information
System (JIS).
The data used to calculate the JNE is generated by the Caseloads of the Courts of
Washington. However, the caseload tables used to calculate the JNE do not comprise a
complete workload report. The caseload statistics do not reflect administrative activities,
non -case activity, and off -bench case activity.
Moreover, the JNE generated by AOC for Edmonds Municipal Court does not include search
warrants or weekend jail booking reviews. Edmonds Municipal Court currently does not
have sufficient staff to enter the search warrant statistics into JIS, which means that this work
is not reflected in the caseload statistics and therefore not represented in the JNE. Moreover,
the JNE does not reflect a presiding judge's duties.
The JNE is the accepted measure of a court's caseload, even if it is not representative of a
complete workload report for the reasons discussed above. The workload of the court
impacts the number of staff required to serve our citizens.
Realignment of Judicial Branch Organization
The Role Realignment for Edmonds Municipal Court is attached as Appendix A. This
document outlines the changes required to align with proper union and accounting
procedures. The first page shows the current structure and highlights the problems with the
way the court is currently organized. The second pages outlines how the increased funding
would be used to remedy the current issues.
Request for Assistant Court Administrator
Edmonds Municipal Court is the only court in Snohomish County that does not currently
have an Assistant Court Administrator.' Many duties that are preformed when filling in for
the Court Administrator are HR related and cannot be done by a union represented position.
4 Edmonds Municipal Court's full request for an Assistant Court Administrator and the proposed job
description for this position are attached to this memorandum as Appendix B.
Edmonds Municipal Court Agenda Memorandum — 3
Packet Pg. 59
2.5.a
In order to be in compliance with the State Auditor and Administrative Office of the Courts
(AOC) recommendations, EMC needs at least two levels to audit and track financial
transactions. All courts in the county have at least two exempt levels monitoring and auditing
court accounting of staff and Judicial Information System entries.
This work is done by exempt personnel in other courts that are in compliance with the State's
recommendations. This new structure would put EMC in compliance with the State Auditor
and AOC recommendations. The new positions would also create a fair labor practice of a
non -represented position supervising, monitoring, and auditing the work of union positions.
This Assistant Court Administrator will provide succession planning, depth, and continuity
of government in emergency situations.
Backfill Court Clerk and Create New Court Clerk Position
The individual who will become the Assistant Court Administrator, if approved, will vacate
the Lead Clerk position. EMC is requesting that this position be backfilled. This Clerks
would be responsible for front counter payment processing, accounts receivable, collection
payments, time pay agreements, mail payments, and online payments.
EMC is also requesting to create an additional Clerk position.' Staff at EMC have been
overwhelmed in their workload, resulting in overtime hours being used in 2020 and 2021.
Compared to resourcing from comparable cities, EMC has three to eight fewer staff position.
See Appendix D.
Additionally, EMC will be creating and implementing a new driving while license suspended
program. This program will greatly reduce the need for individuals to be criminally charged
for failure to pay fines of traffic penalties. This program will help achieve the goals of
Resolution No. 1460, which passed unanimously by the Edmonds City Council, and includes
assisting eligible drivers in getting relicensed.
Court Administrator Reclassification'
General Rule (GR) 29' governs judicial branch operations and administration. Pursuant to
GR 29, all operation and administrative duties for any business -related matter may be
s The proposed job description for the Clerk positon is attached to this memorandum as Appendix C.
6 Edmonds Municipal Court's full request for a Clerk position and the proposed job description are
attached to this memorandum as Appendix D.
Edmonds Municipal Court's full request for Court Administrator reclassification and the proposed job
description are attached to this memorandum as Appendix E.
8 GR 29 is attached to this memorandum as Appendix F.
Edmonds Municipal Court Agenda Memorandum — 4
Packet Pg. 60
2.5.a
delegated by the judicial officer to a Court Administrator. This includes personnel, budget
administration, functions, and operations. GR 29 also provides that all duties set forth in the
rule cannot be delegated to the legislative or executive branches of government.
Edmonds Municipal Court (EMC) has a Court Administrator per GR 29. The Court
Administrator is responsible for all functions of the court. The Court Administrator is
appointed by and reports directly to the Presiding Judge. The Court Administrator is held to a
comparable standard in duties, roles, knowledge, and expertise as other city department
heads.
This request is being made to the City Council because of the disparity between the pay
grade for the Court Administrator and the work performed. The Court Administrator must
have in-depth institutional knowledge and an understanding of court procedures and
applicable laws. There has been a shift across the State to increase Court Administrator
compensation and recognize the specialized nature of this position. A Court Administrator
will be required by court rule to undergo continuing education.
Because the Court Administrator must have wide-ranging knowledge and all -encompassing
skills to carry out her extensive duties and responsibilities, this change is necessary to
achieve equity and parity. The Court Administrator role has traditionally employed women
in the role and labor market data reflects a disparity in pay relative to gender. Given the
elevated duties of this position, EMC requests that the Council approve reclassifying the
Court Administrator position to NR-209 to bring pay equity into alignment internally.
Here is a sample of Court Administrator compensation in comparable cities:
Shoreline*
Low End Salary
$170,119
High End
SalaryCity
$214,589
Kent
$126,732
$198,456
Tukwila
$124,608
$162,024
Lynnwood
$119,743
$171,120
Mountlake Terrace*
$105,849
$149,582
Marysville
$104,973
$131,703
Des Moines
$101,652
$124,788
Issaquah
$99,867
$135,469
Kirkland
$98,822
$127,536
Bothell
$97,281
$124,375
Bremerton
$94,200
$115,008
Edmonds (current)
$93,283
$125,008
Puyallup
$85,284
$109,152
9 The City of Edmonds 2021 Non Rep Annual Salary chart is attached as Appendix G.
Edmonds Municipal Court Agenda Memorandum — 5
Packet Pg. 61
2.5.a
* Shoreline and Mountlake Terrace contract with King and Snohomish counties. Salary shown is
the Court Administrator for those counties.
Change Municipal Court Judge from 0.75 FTE to 1 FTE
As discussed above, the JNE generated by AOC estimates the judicial needs for EMC to be 1
FTE.10 The JNE and caseload statistics do not reflect administrative activities, non -case
activity, and off -bench case activity. The JNE does not include search warrants or weekend
jail booking reviews.
The number of search warrants issued each year are as follows:
■ 2018 — 109 search warrants;
■ 2019 — 97 search warrants;
■ 2020 — 101 search warrants; and
■ 2021— If numbers remain consistent throughout the remainder of the year, there will
be approximately 108 search warrants.
EMC currently does not have sufficient staff to enter the search warrant statistics into JIS.
This means that this work is not reflected in the caseload reports and therefore not
represented in the JNE. If our requests for staffing are approved, EMC could work towards
ensuring that search warrants are entered into JIS so that they are reflected in the future JNE.
Lastly, the JNE does not reflect a presiding judge's duties.
Moreover, EMC expects that a number of legislative changes, including changing possession
of a controlled substance from a felony to a simple misdemeanor, will likely impact the JNE
moving forward. We expect an uptick in caseload activity as we reopen following the
shutdowns from the COVID-19 pandemic.
Lastly, under the Washington State Supreme Court Emergency Order, which is still in effect,
bench warrants for failures to appear in court may only issue upon a consideration of factors
including whether a warrant is necessary for the immediate preservation of public or
individual safety. Because many criminal offenses that come through EMC do not meet this
factor, bench warrants have been authorized but held for administrative review. Once the
Washington State Supreme Court Emergency Order is lifted, we expect approximately 350+
bench warrants to issue. The arrests that inevitably will result from effectuating these
10 Edmonds Municipal Court's full request to change the Judge from 0.75 FTE to 1 FTE and the JNE for
2019/2020 are attached to this memorandum as Appendix H. The JNE for past years is as follows: 2020 — 0.96
(COVID-related); 2019 —1.02; 2018 — 0.75; 2017 — 0.75; 2016 — 0.75; 2015 — 0.53; 2014 — 0.53.
Edmonds Municipal Court Agenda Memorandum — 6
Packet Pg. 62
2.5.a
warrants will also impact EMC's workload.
Please feel free to reach out to myself or Uneek Maylor if you would like any additional
information regarding our requests. Thank you in advance for your consideration.
Edmonds Municipal Court Agenda Memorandum — 7
Packet Pg. 63
2.5.b
Appendix A
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2.5.b
Current Judicial Branch Organizational Chart
Municipal Court Judge (Elected) .75 FTE
Line Staff
Lead Clerk (union) NE-9
Auditing union clerk work, creating court clerk schedule, collections, time
payments reports, Trust account report, refunds, checks, NSF, daily
accounting, end of month accounting, administrative backup role for user -
level access in the Judicial Information System. (All auditing of accounting,
even own work)
Criminal Clerk (union) NE-7
Criminal Calendar clerking (pre -conviction), pre-trial motions and jury trials.
All document processing and data entry for criminal calendars. Payment and
customer service duties.
Infraction Clerk (union) NE-7
Infraction and Parking clerking, contested and mitigation hearings, document
processing and data entry for Infraction calendars. Payment and customer
service duties.
Jail Clerk (union) NE-7
Jail Booking clerking (pre and post -conviction hearings), arraignment
clerking. All document processing and data entry for criminal and jail
calendars. Payment and customer service duties.
Probation Officer 1 (union) NE- 10
Probation appointments, pre- and post -conviction monitoring, review hearing
appearance, therapies and jail hearing appearances, MRT group facilitator.
Online payment refunds, signatory on court checking account, back up daily
accounting and cashiering. Can access all financials in a management role.
Probation Officer 2 (union) NE-10
Probation appointments, pre- and post -conviction monitoring, review hearing
appearance, therapies and jail hearing appearances, MRT Group Facilitator.
Administration
Court Administrator (Exempt) NR-14
• Directs department operations to maintain effective and efficient
programs; ensures compliance and accountability with Federal, State,
and local regulations, policies and procedures.
• Budget drafting and administration, strategic planning for Judicial
Branch, grant writing, staff hiring, discipline, and termination,
employee training and evaluations
• Union working condition negotiations, RFP's and contracts
negotiation
■ Entry and verification of all local laws and users for the Judicial
Information System,
• Representative for all external stakeholder communication and
meetings, banking reconciliation, Record Retention Officer, Public
Records Request Officer for Administrative Records per Gr
• Supply purchasing and expenditures, Court website information
administration and updates
• Jury management record retention and payments, Trust account
auditing, criminal caseload report auditing, program and statistical
data recordings
• Facilities management for courtroom and office changes,
Administrative Policies and Procedures for court staff and the public
access to court records.
• District and Municipal Court Management Association
Representative.
• Current responsibilities shown in red indicate areas of concern
for financial standards set by the Auditor. It also highlights the
impropriety of union employees monitoring and auditing other
union employees, which has resulted in forms of discipline. These
areas of concern were raised to the previous HR Director,
Finance Director and Judge in 2019 by the Court Administrator.
• Areas of financial concern are outlined in the attached XLS,
which was provided to the executive branch in 2019.
Packet Pg. 65
2.5.b
Requested Changes Judicial Branch Organizational Chart
Municipal Court Judge (Elected) 1 FTE
Line Staff
Court Clerk Position (union) NE-7
Front customer service and all payment processing, accounts receivable
transaction, collection processing, and all payment transactions including:
time pay agreements, mail payments, online payments, bankruptcy
processing, bail and bonds
DWLS Clerk (union) NE-7
Review calendar (post -conviction) and therapeutic court clerking, UP
Payment program coordinator, back up all front counter duties. Refunds,
NSF, checks issued (all refiind transactions)
Criminal Clerk (union) NE-7
Criminal Calendar clerking (pre -conviction), pre-trial motions and jury trials.
All document processing and data entry for criminal calendars. Payment and
customer service duties.
Infraction Clerk (union) NE-7
Infraction and parking clerking, contested and mitigation hearings, all
document processing and data entry for infraction calendars. Payment and
customer service duties
Jail Clerk (union) NE-7
Jail Booking clerking (pre and post -conviction hearings), warrant pick up and
arraignment clerking. All document processing and data entry for criminal
and jail calendars. Payment and customer service duties.
Probation Officer 1 (union) NE- 10
Probation appointments, pre- and post -conviction monitoring, review hearing
appearance, Therapy court and jail hearing appearances, MRT Group
Facilitator. No Accounting access or processing of any kind.
Probation Officer 2 (union) NE-10
Probation appointments, pre- and post -conviction monitoring, review hearing
appearance, therapy court and jail hearing appearances, MRT Group
Facilitator.
Administration
Court Administrator (Exempt) NR-20
• Directs department operations to maintain effective and efficient
programs; ensures compliance and accountability with Federal, State,
and local regulations, policies and procedures.
• Budget drafting and administration, strategic planning for Judicial
Branch, grant writing, staff hiring, discipline, and termination,
employee evaluations,
• Union working condition negotiations, RFP's and contracts
negotiation, entry and verification of all local laws and users for the
Judicial Information System,
Representative for all external stakeholder communication and
meetings, banking reconciliation, Record Retention Officer, Public
Records Request Officer for Administrative Records per Gr, Trust
account auditing, criminal caseload report auditing, program and
statistical data recordings
Administrative Policies and Procedures for court staff and public
access to court records. District and Municipal Court Management
Association Representative. (All final bank reconciliation recording
and auditing of end of month periods prepared by Assistant
Administrator)
Assistant Court Administrator (Management) NR - 14
• Administrative access in the Judicial Information System JIS.
■ Employee training and coaching, payroll processing, supply
purchasing and expenditures, Court staff schedules, courtroom
calendar schedule, program and statistical data recordings, facilities
management for courtroom and office changes, Jury management
record retention and payments, banking and accounting reports, end -
of -day training and back up, end -of -month accounting and
processing. (All accounting auditing of daily transactions prepared by
court staff daily)
Blue indicates correct financial processing and separation of
union duties from no -union staff.
Packet Pg. 66
2.5.c
Appendix B
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2.5.c
City Council Agenda Item
Meeting Date: 05/11/2021
Add an Assistant Court Administrator and Court Clerk positions
Staff Lead: Uneek Maylor
Department: Municipal Court
Preparer: Uneek Maylor
Background/History
Staff Recommendation
Edmonds Municipal Court (EMC) currently has a Lead Court Clerk (NE-9) position. EMC requests to
change that positon to an Assistant Court Administrator (NR-14) and also a backfill Court Clerk (NE-7).
The cost of change would be $79,771 annually.
Narrative
EMC traditionally had a Lead Court Clerk (NE-9) position fill in for the Court Administrator when
necessary. The Lead Court Clerk also supervised staff and operations on a daily basis at the lowest level
The Lead Court Clerk trained, monitored, and audited staff work. The Lead Court Clerk position is also a
union positon. The court is requesting for a non -represented positon to be auditing staff work,
supervising staff, and filling in for the Court Administrator.
Many duties that are preformed when filling in for the Court Administrator are HR related and cannot be
done by a union represented position. In order to be in compliance with the State Auditor and
Administrative Office of the Courts (AOC) recommendations, EMC needs at least two levels to audit and
track financial transactions. All courts in the county have at least two exempt levels monitoring and
auditing court accounting of staff and Judicial Information System entries. The Lead Court Clerk duties
currently include all accounting, collections, auditing, and end of month process. This work is done by
exempt personnel in other courts that are in compliance with the State's recommendations.
This new structure would put EMC in compliance with the State Auditor and AOC recommendations. The
new positions would also create a fair labor practice of a non -represented position supervising,
monitoring, and auditing the work of union positions. The duties listed in the Assistant Court
Administrator job description are in line with other Assistant Director duties for the City of Edmonds.
The requested paygrade is comparable to those in the courts in Snohomish County and that of other
Assistant Directors for the City of Edmonds.
Attachments:
Assistant Judicial Branch Director Job Description
Packet Pg. 68
2.5.c
City of
EDMONDS
Washington
Assistant Court Administrator
Department: Court Pay Grade: NR-14
Bargaining Unit: Non -Represented FLSA Status: Exempt
Revised Date: 05/11/2021 Reports To: Court Administrator
FTE Equivalent: 1
oV E041
POSITION PURPOSE: Under the direction of the Court Administrator, oversees Edmonds Municipal Courts goals,
policies, procedures, and objectives that guide the daily activities. Supervises, manages and evaluates work of
assigned personnel. Manages, oversees and audits the Judicial Information System case data during daily operations.
Manages and oversees and audits financial reporting, payroll, accounts payable, accounts receivable, Judicial
Information System accounting and collections. Acts in the capacity as Court Administrator in the Court
Administrator's absence.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The Following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position -specific duties.
• Supervises the daily non judicial operations of the court; advise, assist and evaluates subordinates as
necessary; provides training to employees; participates in the selection, hiring; verifies timesheets,
maintains vacation, sick leave, overtime and comp time records.
• Provides constructive feedback; reviews and evaluates work and makes effective suggestions and
recommendations. Provides advice and counsel to staff, develops or assists with developmental work
plans for staff; makes recommendations and/or implements corrective actions, discipline and termination
procedures as appropriate/necessary or as directed.
■ Manages support staff functions, procedures and manuals for compliance with relevant laws and
regulations; Implements the developed procedural and policy changes from the Court Administrator to
increase the efficiency of the office; monitors existing procedures in response to law and regulation
changes and takes action to correct any deficiencies.
• Implements approved court goals, policy statements, operating plans, methods and procedures for
improvement; prepares resource requests; management reports and conduct staff meetings
• Represents the court in a leadership role on all appropriate committees or meetings with internal and
external agencies and departments.
• Supervises, monitors and reviews the caseflow, records management, juror utilization and facilities.
• Supervises, monitors and reviews the timely collection and disbursement of all fines and court fees in
conformance with state statutes.
• Identifies the necessary purchase of supplies and equipment for the court and arranges appropriate
maintenance services for the repair of facilities and equipment.
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Last Revised: Click or tap to enter a date
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JOB DESCRIPTION
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■ Maintains necessary records, including personnel; compiles statistical data and prepares required reports
as assigned.
• Supervises the processing and docketing of legal documents filed in the court and the issuance of
documents including warrants, summons and commitments orders.
■ Supervises the providing of written and verbal technical information to the public; personally answers
unique questions that subordinates cannot answer; receives and resolves complaints and problems from
the public, other county departments and outside agencies.
• Provides back up of all accounts payable, accounts receivable, payroll and all fiscal operations of the
court.
• Supervises monitors and reviews the security and integrity of all criminal records and file flow
management; including the intake, retrieval, retention, and destruction of criminal records in accordance
with state archival schedules and state retention guidelines. Provides quality control for all case related
data that is entered on behalf of the court.
• Maintains necessary records, including personnel; compiles statistical data and prepares required
personnel reports as assigned. Develops, implements, interprets and administers personnel guidelines and
policies; monitors compliance with office personnel guidelines, policies, labor agreements, county policy
and state and federal law, monitors and reviews the maintenance of personnel, leave requests and other
human resource matters.
• Prepares, maintains, supervises the preparation and maintenance of reports and records of the court's
work performance and production; evaluates operations and initiates changes as necessary; develops and
recommends operational policies and procedures as necessary.
• Monitors expenditures and identifies needs; reviews and approves reports, purchases, and payments
according to established policies and practices; and makes recommendations and forecasts for future
funds needed for staffing, equipment, materials, and supplies.
• Prepares, writes and administers various public communication on behalf of the court. Effective oral and
written communication principles and practices to include public relations and public speaking.
Required Knowledge of:
• Complete knowledge of the Judicial Information System (JIS/DISCIS)
• Principles and practices of public and court administration
■ Principles of management and supervision
• Washington Court Rules and federal, state, and local laws, rules and regulations
• Legal terms as applicable to clerical and courtroom work
• Understanding of court -related codes, laws and procedures
• Principles and practices of courts of limited jurisdiction, social service delivery, and court proceedings
• Principles and practices of personnel administration including federal, state, and county laws, rules and
regulations
■ Labor law and its application
• Planning and program development
• Standard office practices and procedures
Required Skill in:
• Ability to maintain confidentiality and tact in dealing with the public and coworkers.
• Ability to organize and supervise personnel engaged in work requiring accuracy and attention to detail.
• Ability to communicate effectively both orally and in writing.
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Last Revised: Click or tap to enter a date.
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JOB DESCRIPTION
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■ Meeting deadlines, working with multiple projects and overseeing, verifying, and validating the work of
others, including those in other departments.
• Identifying and reporting discrepancies.
• Manage multiple projects and components concurrently, efficiently and accurately
• Gather and evaluate data and make recommendations
• Determine resource requirements
■ Utilized standard office equipment, computer applications and the internet
• Work independently with a minimum of supervision
• Communicate effective both orally and in writing and graphically
• Make presentations and facilitate group communication
• Formulate recommendations and solutions to court needs
• Exercise independent and appropriate decisions making skills
• Manage organizational change
• Demonstrate mediation, negotiation and conflict resolution skills
• Work with diverse interest groups in a complex organization
• Appreciate the role of the judicial branch in relation to the other branches of government
• Make decisions within scope of assigned authority
MINIMUM QUALIFICATIONS:
Education and Experience:
Five (5) years related work experience of which two (2) years must have been in a supervisory capacity; OR, any
equivalent combination of training and/or experience that provides the required knowledge and abilities.
WORKING CONDITIONS:
Environment:
• Office environment.
• Constant interruptions
Physical Abilities:
• Hearing, speaking or otherwise communicating to exchange information in person or on the phone.
■ Operating a computer keyboard or other office equipment.
• Reading and understanding a variety of materials.
• Sitting or otherwise remaining stationary for extended periods of time.
• Bending at the waist, reaching above shoulders and horizontally or otherwise positioning oneself to
accomplish tasks
Hazards:
• Contact with dissatisfied or upset individuals.
Incumbent Signature:
Click or tap here to enter text
Date:
Last Reviewed: Click or tap to enter a date.
Last Revised: Click or tap to enter a date.
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JOB DESCRIPTION
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Department Head:
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Date:
Last Reviewed: Click or tap to enter a date
Last Revised: Click or tap to enter a date.
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2.5.d
Appendix C
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2.5.d
City of
EDMONDS
Washington
COURT CLERK
Department:
Municipal Court
Pay Grade:
NE-7
Bargaining Unit:
SEW
FLSA Status:
Non Exempt
Revised Date:
October 2012
Reports To:
Court Administrator
POSITION PURPOSE: Under general supervision, performs a wide variety of legal and clerical duties in support
of the Municipal Court; communicates information to the public regarding the judicial systems; processes and
documents court cases from date of filing to final disposition; assists the Judge during legal proceedings and
establishes positive working relationship with attorneys, law enforcements agencies and other government
entities.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive fist of all duties performed by all
employees in this classirication, only a representative summary of the primary duties and responsibilities.
Incumbent(s) may not be required to perform all duties listed and may be required to perform additional,
position -specific duties.
• Prepares and processes all assigned court work in a timely manner ensuring accuracy and
completeness of information and attending to deadlines and/or specified timelines.
Assigns cases to docket and enters the case data into case management system.
• Ensures court rules and procedures are followed as cases are processed and sets schedules,
arraignments, hearings and trials.
• Prepares and mails out documents such as notices and final orders.
• Tracks cases to ensure compliance with case type and sentencing requirements and follows through
with necessary steps including: orders to show cause, bench warrants, pleadings, and rule extensions.
• Maintains warrant control, issues, recalls, processes, and purges warrants.
Coordinates with law enforcement agencies regarding warrant status and the recovery of original
warrants in order to protect defendants within multiple jurisdictions against potential false arrest.
Processes closing of cases when appropriate.
• Receipts and distributes all incoming monies and balances and reconciles daily cash receipts and files
receipt of fees into appropriate case file.
• Reviews various reports and issues failure to appear notices and other related notices.
• Refers recall cases to collections, writes off amounts past statute and waives balances for parking early
payments; processes letters to Judge regarding cases in collections and mails responses.
• Performs duties mandated by domestic Violence Legislation under the Revised Code of Washington
(RCW) and Washington State Rules of Court which includes set hearings within 24 hours, prepares
certified No -Contact Orders; ensures order is accurate and signed by defendant.
■ Delivers and/or provides a certified copy of order to law enforcement, SNO COM and the victim; enters
order correctly into JIS computer system; notifies the Domestic Violence Advocate of any potential
hearings regarding the order.
■ Provides general information and customer assistance at the counter or via telephone to attorneys, law
enforcement, other judicial agencies, reporters, defendants and the general public.
Court Clerk October 2012
Packet Pg. 74
2.5.d
JOB DESCRIPTION
Court Clerk
• Addresses concerns and questions for all who come to the front counter and assists defendants in
navigating through the legal process.
■ Reviews the defendant's case financial history for reconciliation to sentencing penalty.
• Maintains and files documents into case files; copies, faxes, date stamps and files documents.
■ May prepare exhibits and hard copy case files.
• Processes and distributes mail.
• Files case documents in appropriate file destination and enters into case management system; provides
backup to other court personnel as needed or directed.
• Researches files for case status data and provides accurate information.
■ Sets assigned calendars and ensures judicial calendars are maintained.
• Completes all phases of juror notification including: preparing, mailing and processing replies to juror
questionnaires.
• Readies juror pool and monitors jurors on the day of the trial; sets up and prepares courtroom for
hearings including computer and recording equipment set-up and assembling calendars for all parties to
ensure files are available for the Judge.
• Researches and processes public records requests.
• Cross trains in other court services areas as assigned and may serve in other related capacities in
support of court services; coordinates and schedules meetings.
• Communicates with various outside agencies by phone or mail including: Lynnwood Jail, Snohomish
County Jail, DUI victims' panel and other agencies.
• Performs general filing duties including criminal and infraction files and miscellaneous paperwork
developed during court proceedings.
• Reviews jail rosters and refer cases to the Judge for review and docket decision.
• Assists with other miscellaneous duties such as assisting with and executing passports.
Orders and monitors office supplies; drafts and mails letters to defendants, audits citations/tickets and
drafts explanatory documents for defendants.
Required Knowledge of:
• Operational characteristics, services, and activities of municipal court systems, including accounting
principles and practices related to work assigned.
• Mathematical knowledge sufficient to operate cash drawer and make calculations and process
transactions.
• Filing systems and coding methods including: alphabetical, numeric, indexing methods, etc.
• Principles and practices of court proceedings, judicial process and associated forms.
■ Legal forms, documents and terminology including: court dockets, driving abstracts and defendant case
history.
• Principles and processes for providing customer services including needs assessment techniques,
quality service and customer satisfaction techniques.
■ City policies and procedures, office organization, practices, correspondence and record keeping
systems.
• Effective communication principles and practices including oral and written communication as well as
public relations and customer service.
• Modern office procedures, methods, and equipment including computers and computer applications
such as: word processing, spreadsheets, and statistical databases.
• Methods and techniques of proper phone etiquette.
• English usage, spelling, grammar and punctuation.
• Principles of business letter writing.
Court Clerk October 2012
Packet Pg. 75
2.5.d
JOB DESCRIPTION
Court Clerk
Required Skill in:
• Reading and comprehending court legal mandates, codes, regulations, procedures and instructions.
• Performing data entry accurately and efficiently.
• Making decisions in accordance with precedents and regulations and to apply them to work situations.
• Recording court proceedings, setting a variety of hearing dates and performing other duties in the
courtroom.
• Preparing courtroom calendars and the equipment necessary to comply with court rules.
• Public relations and customer service and ability to work with difficult clients.
• Performing general office/clerical tasks.
• Interpreting and implementing rules, regulations, policies and procedures related to court proceedings
and judicial process.
• Comprehending legal terminology and court/judicial proceedings.
• Typing and entering data at a speed necessary for successful job performance.
• Compiling and preparing required reports.
• Communicating effectively verbally and in writing, including public relations and customer service.
• Establishing and maintaining effective working relationships with employees, other agencies, and the
public, including meeting and dealing tactfully with the public.
Utilizing personal computer software programs and other relevant software affecting assigned work and
in compiling and preparing spreadsheets.
MINIMUM QUALIFICATIONS:
Education and Experience:
High School Diploma/GED Certification and three years of experience performing broad office clerical, data
processing, records maintenance, and/or customer service counter work that includes heavy customer service,
reviewing and tracking a variety of legal documents, preparing reports and calendars, and receiving and
processing fees; preferably in a court or legal setting. OR an equivalent combination of education, training and
experience.
Required Licenses or Certifications:
Some positions may be required to possess or obtain a US Department of State Passport Certification within 3
months after hire_
Must be able to successfully complete and pass background check.
WORKING CONDITIONS:
Environment:
• Office and courtroom environment.
• Constant interruptions.
Physical Abilities:
• Hearing, speaking or otherwise communicating to exchange information in person and on the telephone
• Operating a computer keyboard or other office equipment.
• Reading and understanding a variety of materials.
Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise
positioning oneself to accomplish tasks.
■ Sifting or otherwise remaining in a stationary position for extended periods of time.
• Lifting/carrying or otherwise moving or transporting up to 101bs.
Hazards:
Court Clerk October 2012
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2.5.d
JOB DESCRIPTION
Court Clerk
Contact with dissatisfied or potentially abusive individuals.
Possible exposure to communicable diseases and illness from defendants and others in the courtroom,
and court office.
Incumbent Signature:
Department Head:
Court Clerk
Date:
Date:
October 2012
Packet Pg. 77
2.5.e
Appendix D
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2.5.e
City Council Agenda Item
Meeting Date: 05/11/2021
Add Court Clerk position
Staff Lead: Uneek Maylor
Department: Municipal Court
Preparer: Uneek Maylor
Background/History
Staff Recommendation
Edmonds Municipal Court (EMC) requests an additional Court Clerk (NE-7) position to accommodate the
Driving While License Suspended (DWLS) Relicensing Program and current court clerking needs. The cost
of this change would be $52,692 annually.
Narrative
EMC will be creating and implementing a new DWLS Relicensing Program. This program will greatly
reduce the need for individuals to be criminally charged for failure to pay fines of traffic penalties. This
program will help achieve the goals of Resolution No.1460, which passed unanimously by the Edmonds
City Council, and includes assisting eligible drivers in getting relicensed.
The current workload of EMC does not allow for any additional work based on current staffing levels,
which is seven staff total. There are four other municipal courts with the same Judicial Need Estimation
(JNE) of 1 FTE Judge. These municipal courts have nearly double EMC's staffing level. The municipal
courts with the JNE of 1 FTE Judge for the state are:
Lakewood Municipal Court
Olympia Municipal Court
Puyallup Municipal Court
Renton Municipal Court
Edmonds municipal Court
1 FTE Judge —10 Total Staff
1 FTE Judge —15 Total Staff
1 FTE Judge —13 Total Staff
1 FTE Judge —15 Total Staff
1 FTE Judge — 7 Tota I Staff
With EMC's current level of staff, some basic functions are not preformed when staff are sick or on
vacation. These basic functions are handled by the Court Administrator on nights and weekends. For
EMC to also create and implement a DWLS Relicensing Program, another Court Clerk position is
necessary.
Attachments:
Court Clerk Job Description
2019 Judicial needs estimator from AOC
2020 Judicial needs estimator from AOC with Covid reduction of cases
Packet Pg. 79
2.5.e
City of
EDMONDS
Washington
COURT CLERK
Department:
Municipal Court
Pay Grade:
NE-7
Bargaining Unit:
SEIU
FLSA Status:
Non Exempt
Revised Date:
October 2012
Reports To:
Court Administrator
POSITION PURPOSE: Under general supervision, performs a wide variety of legal and clerical duties in support
of the Municipal Court; communicates information to the public regarding the judicial systems; processes and
documents court cases from date of filing to final disposition; assists the Judge during legal proceedings and
establishes positive working relationship with attorneys, law enforcements agencies and other government
entities.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all
employees in this classification, only a representative summary of the primary duties and responsibilities.
Incumbent(s) may not be required to perform all duties listed and may be required to perform additional,
position -specific duties.
Prepares and processes all assigned court work in a timely manner ensuring accuracy and
completeness of information and attending to deadlines and/or specified timelines.
• Assigns cases to docket and enters the case data into case management system.
Ensures court rules and procedures are followed as cases are processed and sets schedules,
arraignments, hearings and trials.
• Prepares and mails out documents such as notices and final orders.
■ Tracks cases to ensure compliance with case type and sentencing requirements and follows through
with necessary steps including: orders to show cause, bench warrants, pleadings, and rule extensions.
• Maintains warrant control, issues, recalls, processes, and purges warrants.
• Coordinates with law enforcement agencies regarding warrant status and the recovery of original
warrants in order to protect defendants within multiple jurisdictions against potential false arrest.
• Processes closing of cases when appropriate.
• Receipts and distributes all incoming monies and balances and reconciles daily cash receipts and files
receipt of fees into appropriate case file.
• Reviews various reports and issues failure to appear notices and other related notices.
• Refers recall cases to collections, writes off amounts past statute and waives balances for parking early
payments; processes letters to Judge regarding cases in collections and mails responses.
• Performs duties mandated by domestic Violence Legislation under the Revised Code of Washington
(RCW) and Washington State Rules of Court which includes set hearings within 24 hours, prepares
certified No -Contact Orders; ensures order is accurate and signed by defendant.
• Delivers and/or provides a certified copy of order to law enforcement, SNO COM and the victim; enters
order correctly into JIS computer system; notifies the Domestic Violence Advocate of any potential
hearings regarding the order.
• Provides general information and customer assistance at the counter or via telephone to attorneys, law
enforcement, other judicial agencies, reporters, defendants and the general public.
Court Clerk October 2012
Packet Pg. 80
2.5.e
JOB DESCRIPTION
Court Clerk
• Addresses concerns and questions for all who come to the front counter and assists defendants in
navigating through the legal process.
• Reviews the defendant's case financial history for reconciliation to sentencing penalty.
• Maintains and files documents into case files; copies, faxes, date stamps and files documents.
• May prepare exhibits and hard copy case files.
• Processes and distributes mail.
■ Files case documents in appropriate file destination and enters into case management system; provides
backup to other court personnel as needed or directed.
• Researches files for case status data and provides accurate information.
• Sets assigned calendars and ensures judicial calendars are maintained.
■ Completes all phases of juror notification including: preparing, mailing and processing replies to juror
questionnaires.
Readies juror pool and monitors jurors on the day of the trial; sets up and prepares courtroom for
hearings including computer and recording equipment set-up and assembling calendars for all parties to
ensure files are available for the Judge.
• Researches and processes public records requests.
• Cross trains in other court services areas as assigned and may serve in other related capacities in
support of court services; coordinates and schedules meetings.
p Communicates with various outside agencies by phone or mail including: Lynnwood Jail, Snohomish
County Jail, DUI victims' panel and other agencies.
Performs general filing duties including criminal and infraction files and miscellaneous paperwork
developed during court proceedings.
• Reviews jail rosters and refer cases to the Judge for review and docket decision.
• Assists with other miscellaneous duties such as assisting with and executing passports.
• Orders and monitors office supplies; drafts and mails letters to defendants, audits citations/tickets and
drafts explanatory documents for defendants.
Required Knowledge of:
• Operational characteristics, services, and activities of municipal court systems, including accounting
principles and practices related to work assigned.
• Mathematical knowledge sufficient to operate cash drawer and make calculations and process
transactions.
■ Filing systems and coding methods including: alphabetical, numeric, indexing methods, etc.
Principles and practices of court proceedings, judicial process and associated forms.
• Legal forms, documents and terminology including: court dockets, driving abstracts and defendant case
history.
• Principles and processes for providing customer services including needs assessment techniques,
quality service and customer satisfaction techniques.
City policies and procedures, office organization, practices, correspondence and record keeping
systems.
■ Effective communication principles and practices including oral and written communication as well as
public relations and customer service.
• Modern office procedures, methods, and equipment including computers and computer applications
such as: word processing, spreadsheets, and statistical databases.
• Methods and techniques of proper phone etiquette.
• English usage, spelling, grammar and punctuation.
• Principles of business letter writing.
Court Clerk October 2012
Packet Pg. 81
2.5.e
JOB DESCRIPTION
Court Clerk
Required Skill in:
• Reading and comprehending court legal mandates, codes, regulations, procedures and instructions.
• Performing data entry accurately and efficiently.
Making decisions in accordance with precedents and regulations and to apply them to work situations.
Recording court proceedings, setting a variety of hearing dates and performing other duties in the
courtroom.
• Preparing courtroom calendars and the equipment necessary to comply with court rules.
• Public relations and customer service and ability to work with difficult clients.
• Performing general office/clerical tasks.
Interpreting and implementing rules, regulations, policies and procedures related to court proceedings
and judicial process.
• Comprehending legal terminology and court/judicial proceedings.
■ Typing and entering data at a speed necessary for successful job performance.
Compiling and preparing required reports.
Communicating effectively verbally and in writing, including public relations and customer service.
• Establishing and maintaining effective working relationships with employees, other agencies, and the
public, including meeting and dealing tactfully with the public.
• Utilizing personal computer software programs and other relevant software affecting assigned work and
in compiling and preparing spreadsheets.
MINIMUM QUALIFICATIONS:
Education and Experience:
High School Diploma/GED Certification and three years of experience performing broad office clerical, data
processing, records maintenance, and/or customer service counter work that includes heavy customer service,
reviewing and tracking a variety of legal documents, preparing reports and calendars, and receiving and
processing fees; preferably in a court or legal setting; OR an equivalent combination of education, training and
experience.
Required Licenses or Certifications:
Some positions may be required to possess or obtain a US Department of State Passport Certification within 3
months after hire.
Must be able to successfully complete and pass background check.
WORKING CONDITIONS:
Environment:
• Office and courtroom environment.
• Constant interruptions.
Physical Abilities:
• Hearing, speaking or otherwise communicating to exchange information in person and on the telephone
■ Operating a computer keyboard or other office equipment.
• Reading and understanding a variety of materials.
• Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise
positioning oneself to accomplish tasks.
• Sitting or otherwise remaining in a stationary position for extended periods of time.
Lifting/carrying or otherwise moving or transporting up to 101bs.
Hazards:
Court Clerk October 2012
Packet Pg. 82
2.5.e
JOB DESCRIPTION
Court Clerk
Contact with dissatisfied or potentially abusive individuals.
Possible exposure to communicable diseases and illness from defendants and others in the courtroom,
and court office.
Incumbent Signature:
Department Head:
Court Clerk
Date:
Date:
October 2012
Packet Pg. 83
2.5.f
Appendix E
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2.5.f
City Council Agenda Item
Meeting Date: 07/20/2021
Change Court Administrator pay grade to NR-20
Staff Lead: Judge Whitney Rivera
Department: Municipal Court
Preparer: Judge Whitney Rivera
Background/History
General Rule (GR) 29 governs judicial branch operations and administration. Pursuant to GR 29, all
operation and administrative duties for any business -related matter may be delegated by the judicial
officer to a Court Administrator. This includes personnel, budget administration, functions, and
operations. GR 29 also provides that all duties set forth in the rule cannot be delegated to the legislative
or executive branches of government.
GR 29 states that the Board of Judicial Administration shall establish a model job description for the
Court Administrator position. The model job description designates the knowledge, skills, and abilities
required for this position. The model job description provides guidance to the Presiding Judge when
hiring a Court Administrator.
Edmonds Municipal Court (EMC) has a Court Administrator per GR 29. The Court Administrator is
responsible for all functions of the court. The Court Administrator is appointed by and reports directly to
the Presiding Judge. The Court Administrator is held to a comparable standard in duties, roles,
knowledge, and expertise as other city department heads.
This request is being made to the City Council because of the disparity between the pay grade for the
Court Administrator and other city department heads. The Court Administrator's pay grade is lower than
those in management in other city departments. The Court Administrator is currently placed at a
supervisor level in terms of vacation benefits.
Because the Court Administrator must have wide-ranging knowledge and all -encompassing skills to carry
out her extensive duties and responsibilities, this change is necessary to achieve equity and parity.
Staff Recommendation
The Court Administrator is currently at the pay grade of NR-14. EMC requests that the Court
Administrator position be changed to grade of NR-20. The cost of change would be $22,164 annually.
EMC also asks to change the job description for the Court Administrator to the model job description,
which was formally updated by the District and Municipal Court Management Association and adopted
Packet Pg. 85
2.5.f
by the District and Municipal Court Judicial Association in 2021. EMC also proposes that the vacation
rate change to the level of a department head.
Narrative
The State of Washington, through the District and Municipal Court Management Association, has
drafted and proposed a new model Court Administrator job description for use by all courts. The newly
drafted model job description was created in conjunction with Administrative Rules for Courts of Limited
Jurisdiction (ARU)14. ARU 14 is a new proposed court rule that requires continuing education hours for
Court Administrators because they are responsible for all systems and compliance with local and state
laws that apply to the courts, which are constantly changing. The model job description and proposed
rule is attached to this packet.
Attachments:
State of Washington DMCMA Court Administrator Job Description — drafted 2021 (pending adoption)
Model state court rule ARU 14 — drafted 2021 (pending adoption)
GR 29
Packet Pg. 86
2.5.f
MODEL COURT ADMINISTRATOR JOB DESCRIPTION
Nature of Work
The Court Administrator serves as the Court Executive Officer (CEO) for the Court. The Court Administrator works
under the direction and supervision of the Presiding Judge in accordance with General Rule 29 and all applicable
state laws. This position assumes full responsibility for the planning, directing, implementation, and management
of all the non -judicial, day-to-day operations of the court, including court services for contracting cities. The Court
Administrator develops and implements policies and procedures, the court budget, oversees personnel
management and development, accounting, case -flow management, oversight of projects, grants, contracts,
establish and maintaining the court's continuity of operations plan, and other responsibilities as required. This
position will provide leadership, strategic vision including but not limited to developing short and long-term goals
for effective court services.
Essential Functions
• Assumes full management responsibility for Court operations: Plans, directs, implements, and manages all non -
judicial functions for the daily operation of the District/Municipal Court.
• Plans, directs and coordinates the work plan for all court divisions.
• Informs, updates and advises the presiding judge of financial conditions, program progress and identifies
opportunities for improvement and implements as appropriate.
• Collaborates with the presiding judge to develop strategic plans and projects and directs and oversees the
implementation of plans to ensure adherence to Washington State's judicial standards, regulations, and statutes.
+ Consult with the presiding judge on short and long-range planning and staff projections to update, maintain,
and implement court policies, procedures, and rules appropriately.
• Conducts the planning and management for the changing physical needs of the court including space
design, utilization, and maintenance.
+ Oversee the maintenance, retention, and disclosure of records and documents in accordance with
applicable rules, laws, and regulations.
+ Work with the Washington State Administrative Office of the Courts (ACC) on determining best practices.
Provide recommendations to the presidingjudge regarding implementing best practices.
• Attends and participates at county/city council and other board or committee meetings as directed.
• Establishes and maintains cooperative, effective working relationships with the other branches of government,
co-workers, other county/city employees, and members of the public.
• Establishes and maintains effective working relationships with judges, attorneys, elected and appointed
officials, law enforcement, probation agencies, correctional institutes, and various governmental agencies.
■ Establishes and implements guidelines and procedures. Formulates and recommends organizational
changes for improving the operation of the court.
■ Monitors local court rules, municipal ordinances, county ordinances, and state laws including any changes
that affect court operations or case management.
• Identifies new information technology for the improvement of case management; manage procurement and
ensures effective implementation.
• Works closely with IT Division to determine technology needs, convey requirements and coordinate
implementation.
• Manage the installation and support of audio/video, computer and specialized court -related hardware and
software.
+ Manage the support of various web conferencing tools such as Zoom, YouTube and Go to Meeting, etc.
• Coordinates judicial schedules including pro tern judges and court calendars.
■ Oversees the jury management program by generating, processing and analyzing jury data reports including
juror summons and qualification forms.
+ Manages the court case flow and records, including the preparation of required reports.
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2.5.f
• During legislative sessions, keeps abreast of the effect of proposed legislation and the impacts that may
affect the Courts of Limited Jurisdiction.
+ Overseas security measures and issues affecting court operations.
■ Trains and informs staff on any new court procedures on the case management system or new legislative
updates.
• Coordinates with correctional agencies to facilitate appearances in virtual or telephonic court proceedings.
• Coordinates physical transport of inmates with correctional agencies .
■ Research, evaluate, and propose jail alternatives to confinement.
• Acts as the court liaison between the sheriff's office/police department(s), prosecutor and public defender
regarding jail issues.
• Directs website content and updates.
• Participates in continuing education and development in the court business areas identified by the National
Association for Court Management (NACM) as core competencies.
■ Participates in continuing education and development related to leadership and management.
• Manages interlocal agreements to provide court services with contracting jurisdictions.
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• Coordinates with the contracting city manager, sheriff/police department, and Finance Department.
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• Prepares monthly caseload reporting and billing for court services for contracting cities.
• Oversees grant management activities.
■ Coordinate cost allocation development in accordance with federal and state rules.
■ Oversees the development and administration of the court budget; approves the forecast of funds needed for
staffing, equipment, materials and supplies; approves expenditures and implements budgetary adjustments as
3
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appropriate.
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• Responsible for all financial functions of the court including payroll, accounts payable, accounts receivable, cash
0.
handling, purchasing, and audits.
• Supervise data collection for the preparation of financial reports.
• Assist with internal and external county/city audits forthe court.
2
• Implements, coordinates and oversees specialty court(s) ensuring compliance with federal, state, or local
regulations.
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■ Stays current with benchmarks, best practices, and empirical evidence to assist the specialty court team and
maximize participant's success.
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• Monitors Memorandums of Understanding and professional contracts for specialty court(s).
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• Manages and supervises court personnel including but not limited to interviewing, hiring, and training
25
employees; planning, assigning, and directing work; addressing complaints and disputes; resolving problems;
maintaining personnel files as needed; appraising performance; recommending promotions and disciplinary actions;
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implementing organizational changes; approving and scheduling leave time; and recommending terminations as
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appropriate.
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+ Serves as the official spokesperson of court management at the bargaining table; must be able to handle stress
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and intense discussion of ideas.
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• Consults with the Presiding Judge in the administration of recently -agreed upon memoranda of understanding
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(MOUs).
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■ Reviews and develops responses to grievances appealed to the court executive officer, presidingjudge, or
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executive committee.
■ Carry out supervisory responsibilities in accordance with the county/city policies and applicable federal, state,
and local laws.
■ Represents the court as an independent branch of government with local and state legislative and executive
branches.
• Ensures appropriate and timely research, analysis, and responses to citizen inquiries or complaints whether
received directly or at county/city council meetings.
■ Prepares council agenda bills and related papers.
■ Presents issues and recommendations on major issues requiring policy direction.
• Oversees the Emergency Management for the court including attending city/county emergency management
briefings to exchange information.
Packet Pg. 88
2.5.f
+ Stocks and maintains disaster preparedness -related supplies and equipment.
■ Adjusts work assignments and schedules in the event of an emergency to participate in emergency
preparedness, response, and recovery activities as assigned.
• Coordinates development of court and site -specific emergency plans, policies and procedures, including
building evacuation plans, Continuity Of Operations Plans and emergency response plans.
+ Coordinates programs with all court divisions and other agencies concerned with emergency management
including but not limited to other courts of limited jurisdiction, AOC and courts outside of the state of Washington.
Assures conformity of court emergency management programs with federal and state requirements.
• Coordinates the court's disaster cost recovery efforts during proclaimed emergencies.
+ Redesigns and improves forms and public notices; and coordinates publication and dissemination of such
materials; responds to verbal and written public inquiries
■ Reports for scheduled work with regular, reliable, and punctual attendance.
• Performs other duties as assigned, including but not limited to being assigned to work in other functional areas
to cover absences or relief, equalize peak work periods, or balance the workload.
Necessary Knowledge, Skills, and Abilities
• General Rule 29 (GR29).
■ Nationally developed trial court performance standards.
■ Knowledge of Washington State criminal code.
• Knowledge of legal procedure in courts of limited jurisdiction.
■ Thorough knowledge of criminal, traffic, and infraction procedures with the AS system.
■ Thorough knowledge of principles of administration, planning, supervision and organization, and effective
supervisory and office management techniques.
• Ability to set office and clerical priorities, prioritizing work projects.
■ Ability to guide, direct, schedule, and motivate subordinate employees.
• Ability to identify needs, develop long-range plans and evaluate outcomes.
+ Accurately and efficiently conduct and direct numerous bookkeeping, record keeping, and scheduling
procedures simultaneously.
• Ability to deal with the public with poise and tact in sometimes stressful situations.
• Ability to anticipate challenges and creatively formulate action plans to meet needs.
+ Ability to develop and implement new and improved methods as approved by supervisors.
■ Ability to establish and maintain effective working relations with employees and members of the public.
■ Strong organizational skills, with effective management and team -building skills.
• Ability to work independently under pressure, being flexible, enthusiastic, and self-starting in work assigned.
■ Ability to read, interpret and follow rules, regulations, policies, and procedures.
■ Ability to communicate effectively both orally and in writing using high-level grammar, spelling, and
composition.
• Ability to recognize and correct safety and health hazards.
+ Ability to operate various office equipment, including telephone, computer, calculator, postage meter,
facsimile, and copy machine.
■ Ability to type accurately at 50 words per minute.
■ Ability to perform the full range of court clerk duties.
Education and Experience Requirements
• Bachelor's degree or five (5) years of progressively responsible management experience in a court or legal
environment including experience in budget administration and personnel supervision.
■ Certified Court Manager (CCM) Certification will be considered the equivalent of two years' experience in
management in the justice system. Combination of a Certified Court Executive (CCE) Certification and (CCM) will
be equivalent of four years' experience in management in the justice system.
Packet Pg. 89
2.5.f
■ Three (3) or more years of significant executive level supervisory responsibilities, and experience working
with elected officials and department directors highly desired.
Special Requirements
• Possession of and the ability to maintain throughout employment a valid Washington State Driver's License
with a good driving record.
■ Successful completion of a pre -employment background and criminal history check.
• May be required to complete FEMA (NIMS) courses as Emergency Management
■ Must have or obtain a National Center for State Courts (NCSC) Certified Court Manager certification within six
years of hire.
Working Conditions and Physical Abilities
■ Work is performed primarily in office and courtroom settings. Frequent exposure to individuals who may be
distraught, violent, or abusive. Hand -eye coordination and fine manipulation skills are necessary to operate
computers and a variety of office machinery. The position also requires the ability to speak and hear to exchange
information, the ability to sit for extended periods, and the ability to bend and stretch to retrieve and maintain files
and records.
■ The county/city is committed to hiring a diverse workforce and all qualified applicants, including all ethnic
backgrounds and persons with disabilities, are encouraged to apply. The county/city is an Equal Opportunity
Employer and does not unlawfully discriminate based on race, sex, age, color, religion, national origin, marital
status, sexual orientation, veteran status, disability status, or any other basis prohibited by federal, state, or local
law.
• In accordance with the Americans with Disabilities Act, an employer is obligated to make a reasonable
accommodation only to the known limitations of an otherwise qualified individual with a disability. In general, it is
the responsibility of the applicant or employee with a disability to inform the employer that an accommodation is
needed to participate in the application process, to perform essential job functions, or to receive equal benefits and
privileges of employment.
General Information
■ The statements contained herein reflect general details as necessary to describe the principal functions forthis
job classification, the level of knowledge and skill typically required, and the scope of responsibility but should not
be considered an all-inclusive listing of work requirements.
■ The physical abilities described above are representative of those that must be met by an employee to
successfully perform the essential functions of the job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
• The provisions of this job description do not constitute an expressed or implied contract. Any provision
contained herein may be modified and/or revoked without notice.
Updated 4/15/21.
Packet Pg. 90
2.5.g
Appendix F
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Packet Pg. 91
2.5.g
GR 29
PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND
LIMITED JURISDICTION COURT DISTRICT
(a) Election, Term, Vacancies, Removal and Selection Criteria --Multiple Judge
Courts.
(1) Election. Each superior court district and each limited jurisdiction court district
(including municipalities operating municipal courts) having more than one judge shall establish
a procedure, by local court rule, for election, by the judges of the district, of a Presiding Judge,
who shall supervise the judicial business of the district. In the same manner, the judges shall elect
an Assistant Presiding Judge of the district who shall serve as Acting Presiding Judge during the
absence or upon the request of the Presiding Judge and who shall perform such further duties as
the Presiding Judge, the Executive Committee, if any, or the majority of the judges shall direct.
If the judges of a district fail or refuse to elect a Presiding Judge, the Supreme Court shall appoint
the Presiding Judge and Assistant Presiding Judge.
(2) Term. The Presiding Judge shall be elected for a term of not less than two years,
subject to reelection. The term of the Presiding Judge shall commence on January 1 of the year in
which the Presiding Judge's term begins.
(3) Vacancies. Interim vacancies of the office of Presiding Judge or Acting Presiding
Judge shall be filled as provided in the local court rule in (a)(1).
(4) Removal. The Presiding Judge may be removed by a majority vote of the judges of the
district unless otherwise provided by local court rule.
(5) Selection Criteria. Selection of a Presiding Judge should be based on the judge's
1) management and administrative ability, 2) interest in serving in the position, 3) experience and
familiarity with a variety of trial court assignments, and 4) ability to motivate and educate other
judicial officers and court personnel. A Presiding Judge must have at least four years of
experience as a judge, unless this requirement is waived by a majority vote of the judges of the
court.
Commentary
It is the view of the committee that the selection and duties of a presiding judge should be
enumerated in a court rule rather than in a statute. It is also our view that one rule should apply
to all levels of court and include single judge courts. Therefore, the rule should be a GR (General
Rule). The proposed rule addresses the process of selection/removal of a presiding judge and an
executive committee. It was the intent of the committee to provide some flexibility to local
courts wherein they could establish, by local rule, a removal process. Additionally, by
delineating the selection criteria for the presiding judge, the committee intends that a rotational
system of selecting a presiding judge is not advisable.
(b) Selection and Term --Single Judge Courts. In court districts or municipalities having
only one judge, that judge shall serve as the Presiding Judge for the judge's term of office.
(c) Notification of Chief Justice. The Presiding Judge so elected shall send notice of the
election of the Presiding Judge and Assistant Presiding Judge to the Chief Justice of the Supreme
Court within 30 days of election.
Packet Pg. 92
2.5.g
(d) Caseload Adjustment. To the extent possible, the judicial caseload should be adjusted
to provide the Presiding Judge with sufficient time and resources to devote to the management
and administrative duties of the office.
Commentary
Whether caseload adjustments need to be made depends on the size and workload of the
court. A recognition of the additional duties of the Presiding Judge by some workload
adjustment should be made by larger courts. For example, the Presiding Judge could be assigned
a smaller share of civil cases or a block of time every week could be set aside with no cases
scheduled so the Presiding Judge could attend to administrative matters.
(e) General Responsibilities. The Presiding Judge is responsible for leading the
management and administration of the court's business, recommending policies and procedures
that improve the court's effectiveness, and allocating resources in a way that maximizes the
court's ability to resolve disputes fairly and expeditiously.
(f) Duties and Authority. The judicial and administrative duties set forth in this rule
cannot be delegated to persons in either the legislative or executive branches of government. A
Presiding Judge may delegate the performance of ministerial duties to court employees; however,
it is still the Presiding Judge's responsibility to ensure they are performed in accordance with this
rule. In addition to exercising general administrative supervision over the court, except those
duties assigned to clerks of the superior court pursuant to law, the Presiding Judge shall:
(1) Supervise the business of the judicial district and judicial officers in such manner as to
ensure the expeditious and efficient processing of all cases and equitable distribution of the
workload among judicial officers;
(2) Assign judicial officers to hear cases pursuant to statute or rule. The court may
establish general policies governing the assignment of judges;
(3) Coordinate judicial officers' vacations, attendance at education programs, and similar
matters;
(4) Develop and coordinate statistical and management information;
(5) Supervise the daily operation of the court including:
(a) All personnel assigned to perform court functions; and
(b) All personnel employed under the judicial branch of government, including but not
limited to working conditions, hiring, discipline, and termination decisions except wages, or
benefits directly related to wages; and
(c) The court administrator, or equivalent employee, who shall report directly to the
Presiding Judge.
Commentary
The trial courts must maintain control of the working conditions for their employees. For
some courts this includes control over some wage -related benefits such as vacation time. While
Packet Pg. 93
2.5.g
the executive branch maintains control of wage issues, the courts must assert their control in all
other areas of employee relations.
With respect to the function of the court clerk, generally the courts of limited jurisdiction
have direct responsibility for the administration of their clerk's office as well as the supervision
of the court clerks who work in the courtroom. In the superior courts, the clerk's office may be
under the direction of a separate elected official or someone appointed by the local judges or
local legislative or executive authority. In those cases where the superior court is not responsible
for the management of the clerk's office, the presiding judge should communicate to the county
clerk any concerns regarding the performance of statutory court duties by county clerk personnel.
A model job description, including qualification and experience criteria, for the court
administrator position shall be established by the Board for Judicial Administration. A model
job description that generally describes the knowledge, skills, and abilities of a court
administrator would provide guidance to Presiding Judges in modifying current job
duties/responsibilities or for courts initially hiring a court administrator or replacing a court
administrator.
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(6) Supervise the court's accounts and auditing the procurement and disbursement of
appropriations and preparation of the judicial district's annual budget request;
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(7) Appoint standing and special committees of judicial officers necessary for the proper
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performance of the duties of the judicial district;
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(8) Promulgate local rules as a majority of the judges may approve or as the Supreme Court
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shall direct;
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(9) Supervise the preparation and filing of reports required by statute and court rule;
(10) Act as the official spokesperson for the court in all matters with the executive or
legislative branches of state and local government and the community unless the Presiding Judge
shall designate another judge to serve in this capacity;
Commentary
This provision recognizes the Presiding Judge as the official spokesperson for the court. It
is not the intent of this provision to preclude other judges from speaking to community groups or
executive or legislative branches of state or local government.
(I I) Preside at meetings of the judicial officers of the district;
(12) Determine the qualifications of and establish a training program for pro tem judges
and pro tern court commissioners; and
(13) Perform other duties as may be assigned by statute or court rule.
Commentary
The proposed rule also addresses the duties and general responsibilities of the presiding
judge. The language in subsection (d), (e), (f) and (g) was intended to be broad in order that the
presiding judge may carry out his/her responsibilities. There has been some comment that
individual courts should have the ability to change the "duties and general responsibilities"
Packet Pg. 94
2.5.g
subsections by local rule. While our committee has not had an opportunity to discuss this fully,
this approach has a number of difficulties:
■ It would create many "Presiding Judge Rules" all of which are different.
• It could subject some municipal and district court judges to pressure from their
executive and/or legislative authority to relinquish authority over areas such as budget and
personnel.
• It would impede the ability of the BJA through AOC to offer consistent training to
incoming presiding judges.
The Unified Family Court subgroup of the Domestic Relations Committee suggested the
presiding judge is given specific authority to appoint judges to the family court for long periods
of time. Again the committee has not addressed the proposal; however, subsections (e) and (f)
do give the presiding judge broad powers to manage the judicial resources of the court, including
the assignment of judges to various departments.
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(g) Executive Committee. The judges of a court may elect an executive committee
a'
consisting of other judicial officers in the court to advise the Presiding Judge. By local rule, the
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judges may provide that any or all of the responsibilities of the Presiding Judge be shared with
the Executive Committee and may establish additional functions and responsibilities of the
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Executive Committee.
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Commentary
Subsection (g) provides an option for an executive committee if the presiding judge and/or
other members of the bench want an executive committee.
(h) Oversight of judicial officers. It shall be the duty of the Presiding Judge to supervise
judicial officers to the extent necessary to ensure the timely and efficient processing of cases. The
Presiding Judge shall have the authority to address a judicial officer's failure to perform judicial
duties and to propose remedial action. If remedial action is not successful, the Presiding Judge
shall notify the Commission on Judicial Conduct of a judge's substantial failure to perform
judicial duties, which includes habitual neglect of duty or persistent refusal to carry out
assignments or directives made by the Presiding Judge, as authorized by this rule.
(i) Multiple Court Districts. In counties that have multiple court districts, the judges may,
by majority vote of each court, elect to conduct the judicial business collectively under the
provisions of this rule.
(j) Multiple Court Level Agreement. The judges of the superior, district, and municipal
courts or any combination thereof in a superior courtjudicial district may, by majority vote of
each court, elect to conduct the judicial business collectively under the provisions of this rule.
(k) Employment Contracts. A part-time judicial officer may contract with a municipal or
county authority for salary and benefits. The employment contract shall not contain provisions
which conflict with this rule, the Code of Judicial Conduct or statutory judicial authority, or
which would create an impropriety or the appearance of impropriety concerning the judge's
activities. The employment contract should acknowledge the court is a part of an independent
branch of government and that the judicial officer or court employees are bound to act in
accordance with the provisions of the Code of Judicial Conduct and Washington State Court
Packet Pg. 95
2.5.g
rules. A part-time judicial officer's employment contract shall comply with GR 29(k) and
contain the following provisions, which shall not be contradicted or abrogated by other
provisions within the contract.
(1) Required Provisions of a Part -Time Judicial Officer Employment Contract.
(1) Term of Office and Salary. The judge's term of office shall be four years, as provided in
RCW 3.50.050. The judge's salary shall be fixed by ordinance in accordance with
RCW 3.50.080, and the salary shall not be diminished during the term of office.
(2) Judicial Duties. The judge shall perform all duties legally prescribed for a judicial
officer according to state law, the requirements of the Code of Judicial Conduct, and Washington
State court rules.
(3) Judicial Independence and Administration of the Court. The court is an independent
branch of government. The judge shall supervise the daily operations of the court and all
personnel assigned to perform court functions in accordance with the provisions of GR 29(e) and
(f), and RCW 3.50.080. Under no circumstances should judicial retention decisions be made on
the basis of a judge's or a court's performance relative to generating revenue from the imposition
of legal financial obligations.
(4) Termination and Discipline. The judge may only be admonished, reprimanded,
censured, suspended, removed, or retired during the judge's term of office only upon action of
the Washington State Supreme Court, as provided in article IV, section 31 of the Washington
State Constitution.
[Adopted effective April 30, 2002; Amended effective May 5, 2009; February 1, 2021.1
Packet Pg. 96
2.5.h
Appendix G
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2.5.h
COLA
2021 Non Rep Annual Salary
Salary
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
1
49,471
51,944
54,540
57,268
60,131
63,136
66,295
2
51,944
54,540
57,268
60,131
63,136
66,295
69,610
3
54,540
57,268
60,131
63,136
66,295
69,610
73,089
4
57,268
60,131
63,136
66,295
69,610
73,089
76,744
5
60,131
63,136
66,295
69,610
73,089
76,744
80,581
6
63,136
66,295
69,610
73,089
76,744
80,581
84,611
7
66,295
69,610
73,089
76,744
80,581
84,611
88,840
8
69,610
73,089
76,744
80,581
84,611
88,840
93,283
9
73,089
76,744
80,581
84,611
88,840
93,283
97,947
10
76,744
80,581
84,611
88,840
93,283
97,947
102,844
11
80,581
84,611
88,840
93,283
97,947
102,844
107,987
12
84,611
88,840
93,283
97,947
102,844
107,987
113,387
13
88,840
93,283
97,947
102,844
107,987
113,387
119,056
14
93,283
97,947
102,844
107,987
113,387
119,056
125,008
15
97,947
102,844
107,987
113,387
119,056
125,008
131,259
16
102,844
107,987
113,387
119,056
125,008
131,259
137,821
17
107,987
113,387
119,056
125,008
131,259
137,821
144,713
18
113,387
119,056
125,008
131,259
137,821
144,713
151,948
19
119,056
125,008
131,259
137,821
144,713
151,948
159,545
20
125,008
131,259
137,821
144,713
151,948
159,545
167,524
21
131,259
13 7, 821
144,713
151,948
15 9, 545
167,524
17 5, 89 9
22
137,821
144,713
151,948
159,545
167,524
175,899
18 4, 694
Hourly Pay Rate for Range 23
23
21.11
22.17
23.28
24.44
25.66
26.95
28.30
City of Edmonds NonRep 2020 Wage Scale
Packet Pg. 98
Appendix H
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City Council Agenda Item
Meeting Date: 05/11/2021
Judicial FTE recommendation
Staff Lead: Uneek Maylor
Department: Municipal Court
Preparer: Uneek Maylor
Background/History
Staff Recommendation
The courts current Elected Judge is a 0.75 FTE. The Judge should be changed to a 1 FTE. The cost of this
change would be $45,153.50 annually.'
Narrative
The Administrative Office of the Courts (AOC) uses a judicial needs estimation (JNE) based on an
algorithm using case filings and hearings held. The AOC algorithm takes into account that not all case
type filings require the same amount of time. For instance, an infraction for speeding may require one
hearing, while a criminal charge for driving under the influence (DUI) may require ten separate hearings.
Additionally, the type of hearing (e.g., arraignment, pretrial, substantive motion, confirmation,
contested infraction, jury trial, sentence compliance, etc.) impacts the length of time that the Judge
spends on the bench hearing the arguments of the parties and issuing a decision on a case. ACC
determines the needs for each court based on the statistics from the court's case management system
called Judicial Information System (JIS).
The JNE for Edmonds Municipal Court (EMC) prior to the COVID-19 pandemic, which resulted in a
reduction in cases, was 1.02 FTE Judge. The current JNE during the COVID-19 pandemic is 0.96 FTE. Even
with reduced case filings, the algorithm demonstrates that the Judge should be at least a 1 FTE.
Each Court Administrator must insure the accuracy and integrity of the JIS data. While auditing past data
sent to AOC, the current Court Administrator discovered that search warrants issued in EMC were not
being reported to AOC. EMC retains search warrant records at the court as the State Archives Record
Retention Schedule requires. However, EMC did not enter these search warrants into the system that
reports to AOC.
The EMC Judge is always on call and reviews search warrants at all hours of the day. Search warrant
1 The EMC Judge's current salary is $135,460.50. This salary is based on the current district court judges'
annual salary of $190,120, which is reduced 25% due to the current 0.75 FTE status and then another 5% as fixed
by the Washington Citizens' Commission on Salaries for Elected Officials (i.e., $190,120 x 0.75=142,590 x 0.95 =
$135,460.50). If approved to change the EMC Judge to 1 FTE, this would result in an annual salary of $180,614
through July 1, 2022 (i.e., $190,120 x 0.95 = $180.614). On July 1, 2022, the district court judges' annual salary
increases to $193,447, which would increase the EMC Judge's salary to $183,774.65.
Packet Pg. 100
2.5.i
requests are often made at night or during weekends. This work is crucial not only for EMC, but for
other courts as well, including Snohomish County Superior Court. All Judicial Officers can sign search
warrants and are typically called by local law enforcement based on availability and geographic area.
Because the search warrants were not entered into JIS, this work was not calculated into the JNE
algorithm. The numbers of search warrants reviewed and issued are as follows:
■ 2018-109 search warrants;
■ 2019-97 search warrants;
■ 2020 —101 search warrants; and
■ 2021 to current— 36 search warrants (if numbers remain consistent throughout the remainder of
the year, there will be approximately 108 search warrants).
In addition to search warrants, weekend jail booking reviews also were not entered into JIS and
therefore also were not calculated into the JNE algorithm. Pursuant to local rule, the EMC Judge must
review jail bookings every 24 hours to determine whether there is probable cause and whether bail or
release is appropriate. This review includes weekend bookings. Other courts stat these hearings on
Monday so that the JNE is reported accurately. The current Court Administrator only recently learned
this was not being done in EMC.
In addition to the current workload, there have been a number of significant changes recently that will
impact EMC's workload moving forward:
EMC is in the process of developing a relicensing program. This will result in additional
courtroom time and resources to help individuals take the steps necessary to regain their
privilege to drive.
Senate Bill 5476 has passed the legislature and is currently awaiting Governor Inslee's signature.
This legislation was a response to State v. Blake, 197 Wn.2d 170 (2021), where the Washington
Supreme Court held that RCW 69.50.4013, which made drug possession a class C felony offense,
violates due process. Under SB 5476, possession of a controlled substance is no longer a class C
felony, but a misdemeanor offense. This means that drug possession charges that would have
previously been referred to Snohomish County Superior Court prior to the Blake decision will
now be filed in EMC. 56 5476 will take effect immediately once it is signed.
Under State v. Gelinas, 15 Wn. App. 2d 484 (2020), the Division One Court of Appeals held that
issuing bench warrants at pretrial hearings violated applicable court rules. This ruling required
Edmonds Municipal Court (EMC) to revisit approximately 678 bench warrants that issued prior
to the decision. For those bench warrants that issued in violation of Gelinas, EMC is requiring
address certifications and re -summonsing defendants for additional hearings.
4. The Washington Supreme Court issued a Fifth and Extended Order Regarding Court Operations
on February 19, 2021. Paragraph 14 addresses the issuance of bench warrants during the
COVID-19 pandemic. The Order requires that before a bench warrant may issue, courts shall
consider: (1) whether the warrant is necessary for the immediate preservation of public or
Packet Pg. 101
2.5.i
individual safety; (2) whether there is a record that the subject of the warrant has received
actual notice of the previously scheduled court hearing or reporting requirement; and (3)
whetherthere is a viable alternative for securing appearance such as the reissuance of a
summons or another means of notifying the subject that an appearance is required. As a result
of this directive, hundreds of bench warrants that did not to meet this criteria are currently
being held for administrative review. When those bench warrants issue and defendants begin
being arrested in booked into custody, it will significantly impact EMC's workload.
Based on the current 1NE of 1.02 FTE Judge, despite the fact that search warrants and weekend jail
booking reviews were not included in the calculation, as well as the anticipation of future workload
increases, EMC requests to change the Judge to a 1 FTE,
Attachments:
2021 Judicial Salary Schedule set by the State
2019 Judicial needs estimator from AOC
2020 Judicial needs estimator from AOC with Covid reduction of cases
Packet Pg. 102
Municipal Court
Judges
Judicial Needs Estimates by Full -Time Equivalents
2019 Projected Filingsl
Commissioners and
Magistrates Total Judicial Officers
Total Estimated
Judge Need
Aberdeen Municipal 0.75 0.75 1.13
Airway Heights Municipal
0.80
0.80
0.73
Anacorte.s Municipal
0.33
0.33
0.75
Bainbridge Island Municipal
0.50
0.50
0.46
Battle Ground Municipal
0.26
0.26
0.95
Bellingham Municipal
1.00
1.00
2.00
1.83
Black Diamond Municipal
0.15
0.15
0.53
Blaine Municipal
0.31
0.31
0.52
IF
Bonney Lake Municipal
0.75
0.75
1.10
0
Bothell Municipal
0.85
0.85
1.04
N
Bremerton Municipal
1.00
0.20
1.20
1.10
Buckley Municipal
0.42
0.42
0.56
Burlington Municipal
0.33
0.33
0.60
Centralia Municipal
0.20
0.20
0.81
i
Chehalis Municipal
0.35
0.35
0.52
0
Cheney Municipal
0.10
0.10
0.20
0.54
V
Cie Elum Municipal
0.16
0.16
0.36
Q.
Colfax Municipal
0.30
0.30
0.42
Cosmopolis Municipal
0.05
0.05
0.38
3
Des Moines Municipal
0.80
0.80
0.78
y
East Wenatchee Municipal
0.50
0.50
0.66
c
Edmonds Municipal
0.75
0.75
1.02
0
E
Elma Municipal
0.25
0.25
0.43
LU
W
Enumclaw Municipal
0.17
0.17
0.57
=
Everett Municipal
2.00
2.00
2-55
x_
Everson-Nooksack Municipal
0.11
0.11
0.45
c
Federal Way Municipal
2.00
2.00
2.20
Q-
Ferndale Municipal
0.33
0.33
0.59
Q
Fife Municipal
0.85
0.85
1.00
U
Fircrest Municipal
0.25
0.25
0.85
uJ
Gig Harbor Municipal
0.28
0.28
0.78
Granger Municipal
0.04
0.04
0.39
m
Hoquiam Municipal
0.65
0.65
0.73
0
Issaquah Municipal
0.75
0.75
0.83
Q
Kent Municipal
2.00
2.00
3.22
Kirkland Municipal
1.00
0.25
1.25
1.19
Lakewood Municipal
1.00
1.00
1.86
Lake Forest Park Municipal
0.60
0.60
0.51
Lynden Municipal
0.35
0.35
0.50
Lynnwood Municipal
0.80
0.80
2.05
Marysville Municipal
2.00
2.00
3.15
Mercer Island Municipal
0.70
0.70
0.58
Monroe Municipal
0.20
0.20
0.74
Montesano Municipal
0.25
0.25
0.39
Packet Pg. 103
Judicial Needs Estimates by Full -Time Equivalents
2019 Projected Filings'
Municipal Court
Commissioners and
Total Estimated
Judges
Magistrates Total Judicial Officers
Judge Need
Mount Vernon Municipal
0.33
0.33
0.84
Napavine Municipal
0.06
0.06
0.36
Ocean Shores Municipal
0.25
0.25
0.48
Olympia Municipal
1.00
1.00
1.04
Orting Municipal
0.50
0.50
0.56
Pacific & Algona Municipal
0.20
0.20
0.91
Pasco Municipal
0.75
0.75
1.98
Port Orchard Municipal
0.08
0.08
0.66
Poulsbo Municipal
0.52
0.52
0.59
Puyallup & Milton Municipals
1.20
1.20
2.21
Raymond Municipal
0.50
0.50
0.44
Renton Municipal
1.00
1.00
1.86
Roy Municipal
0.10
0.10
0.40
Ruston Municipal A
0.20
0.20
0.75
SeaTac Municipal
0.55
0.55
0.72
Seattle Municipal
7.00
5.00
12.00
9.84
Sedro Woolley Municipal
0.23
0.23
0.51
Selah Municipal
0.25
0.25
0.51
Shelton Municipal
0.50
0.50
0.77
South Bend Municipal
0.04
0.04
0.39
Spokane Municipal
3.00
3.00
6.00
4.12
Sumas Municipal
0.05
0.05
0.42
Sumner Municipal
0.44
0.44
0.64
Sunnyside Municipal
0.40
0.40
0.92
Tacoma Municipal
3.00
1.60
4.60
2.87
Tenino Municipal
0.10
0.10
0.38
Tukwila Municipal
0.85
0.85
0.89
Wapato Municipal
0.29
0.29
0.42
Westport Municipal
0.03
0.03
0.46
Yakima Municipal
2.00
0.50
2.50
2.23
Yelm Municipal
0.45
0.45
0.69
Zillah Municipal
0.05
0.05
0.39
'Totals
53.15
11.65
64.80
82.60
A Past Year's Data Used
'Staffing levels measured are those in effect on 12/31/2018.
Year 2019 projected filings are based on the previous five-year filing trends of the various case types in a given court. Any
vehicle -related violations (parking, photo -radar and toll citations) that were not entered into the statewide Judicial Information
System (JIS) are excluded from filing counts.
2 Need estimates represent the estimated number of judge positions needed, as required by RCW 2.56.030(11). They are based
on the previous five years of data for the number of total judicial officers and case resolutions.
' Puyallup Municipal Court Judge reported as 1.00 FTE and Milton Municipal Court Judge reported as .20 FTE
Packet Pg. 104
Municipal Court
Judges
Aberdeen Municipal
0.75
Airway Heights Municipal °
0.80
Anacortes Municipal
0.33
Bainbridge Island Municipal
0.50
Battle Ground Municipal
0.25
Bellingham Municipal
1.00
Black Diamond Municipal
0.25
Blaine Municipal
0.31
Bonney Lake Municipal
0.75
Bothell Municipal
0.85
Bremerton Municipal
1.00
Buckley Municipal
0.42
Burlington Municipal
0.33
Centralia Municipal
0.30
Chehalis Municipal
0.35
Cheney Municipal
0.10
Cie Elum Municipal
0.36
Coifax Municipal
0.30
Cosmopolis Municipal
0.05
Des Moines Municipal
0.80
East Wenatchee Municipal
0.55
Edmonds Municipal
0.75
Elma Municipal
0.25
Enumclaw Municipal
0.17
Everett Municipal
2.00
Ever son-Nooksac k Municipal
0.11
Federal Way Municipal
2.00
Ferndale Municipal
0.33
Fife Municipal
0.85
Fircrest Municipal
0.25
Gig Harbor Municipal
0.28
Granger Municipal
0.04
Hoquiam Municipal
0.40
Issaquah Municipal
0.84
Kent Municipal
2.00
Kirkland Municipal
1.00
Lake Forest Park Municipal
0.60
Lakewood Municipal
1.00
Lynden Municipal
0.35
Lynnwood Municipal
0.80
Marysville Municipal
2.00
Mercer Island Municipal
0.70
Milton Municipal
0.20
Monroe Municipal
0.31
Judicial Needs Estimates by Full -Time Equivalents
2020 Projected Filings'
Commissioners and
istrates Total Judicial Officers
0.75
0.80
0.33
0.50
0.25
1.00
2.00
0.25
0.31
0.75
0.85
0.20
1.20
0.42
0.33
0.30
0.35
0.10
0.20
0.36
0.30
0.05
0.80
0.55
0.75
0.25
0.17
2.00
0.11
2.00
0.33
0.85
0.25
0.28
0.04
0.40
0.84
2.00
0.25
1.25
0.60
1.00
0.35
0.80
2.00
0.70
0.20
0.31
Total Estimated
Judge Need
1.21
0.79
0.64
0.39
1.04
1.90
0.51
0.47
1.10
1.25
1.38
0.51
0.56
0.78
0.50
0.51
0.30
0.35
0.33
1.03
0.61
0.96
0.39
0.53
2.46
0.40
2.26
0.63
0.90
0.86
0.65
0.35
0.75
0.83
3.59
1.15
0.50
2.06
0.56
1.87
3.56
0.54
0.69
0.76
Packet Pg. 105
Judicial Needs Estimates by Full -Time Equivalents
2020 Projected Filings'
Municipal Court
Commissioners and
Total Estimated
Judges
Magistrates Total Judicial Officers
Judge Need
Montesano Municipal
0.25
0.25
0.35
Mount Vernon Municipal
0.33
0.33
0.81
Napavine Municipal
0.06
0.06
0.29
Ocean Shores Municipal
0.25
0.25
0.43
Olympia Municipal
1.00
1.00
1.09
Orting Municipal
0.50
0.50
0.47
Pacific & Algona Municipal
0.20
0.20
0.64
Pasco Municipal
0.85
0.85
2.02
Port Orchard Municipal
0.80
0.80
0.57
Poulsbo Municipal
0.52
0.52
0.48
Puyallup Municipal
1.00
1.00
2.51
Raymond Municipal
0.50
0.50
0.36
Renton Municipal
1.00
1.00
1.96
Roy Municipal
0.10
0.10
0.34
SeaTac Municipal
0.55
0.55
0.90
Seattle Municipal
7.00
5.00 12.00
9.58
5edro Woolley Municipal °
0.23
0.23
0.44
Selah Municipal
0.25
0.25
0.42
Shelton Municipal
0.50
0.50
0.76
South Bend Municipal
0.04
0.04
0.32
Spokane Municipal
3.00
3.00 6.00
4.69
Sumas Municipal
0.25
0.25
0.37
Sumner Municipal
0.44
0.44
0.54
Sunnyside Municipal
0.40
0.40
0.85
Tacoma Municipal
3.00
1.60 4.60
2.88
Tenino Municipal
0.10
0.10
0.32
Tukwila Municipal
0.85
0.85
0.82
Wapato Municipal
0.29
0.29
0.37
Westport Municipal
0.05
0.05
0.39
Yakima Municipal
2.00
0.50 2.50
1.99
Yelm Municipal
0.45
0.45
0.71
Zillah Municipal
0.05
0.05
0.32
Totals
54.38
11.65 66.03
82.29
A Past Year's Data Used
Rev 11/20/20
'Staffing levels measured are those
in effect on 12/31/2019.
Year 2020 projected filings are based on the previous
five-year filing trends of the various case types in a given court. Any
' Need estimates represent the estimated number of judge positions needed, as required by RCW 2.56.030(11). They are based
on the previous five years of data for the number of total judicial officers and case resolutions.
Packet Pg. 106